The petitioner was appointed as Full-time Menial with effect from 1.4.2011 by the fifth respondent Manager in St.George High School, Thankey. The said appointment was approved by the District Educational Officer by order passed on 6.6.2012. Ext.P1 discloses these facts. Three years later, the Deputy Director of Education objected to the petitioner's appointment on the ground that she was over aged as on 1.4.2011 and therefore her appointment is not in order. Reliance was placed on rule 6 of Chapter XXIVB of the Kerala Education Rules. The District Educational Officer in turn communicated the objection raised by the Deputy Director of Education to the Headmaster of St.George High School, Thankey by Ext.P2 letter dated 19.5.2014. A copy thereof was also sent to the petitioner. The petitioner has aggrieved thereby, filed Ext.P4 revision petition before the Secretary to Government, General Education Department. In this writ petition, the petitioner challenges Ext.P2 letter. In the alternative, she seeks a writ in the nature of mandamus commanding the State of Kerala to consider and pass orders on Ext.P4 revision petition within a time limit to be fixed by this Court. W.P.(C) No.14588/2014 2
2. Aggrieved by the objection raised by the Deputy Director of Education, the petitioner has invoked the revisional jurisdiction of the Government under rule 92 of Chapter XIV A of the Kerala Educational Rules which applies to non teaching staff of aided schools as well. In view of the objection raised by the Deputy Director of Eduction, payment of salary and allowances to the petitioner has been withheld. I am therefore of the opinion that the Government should consider the petitioner’s grievances at the earliest. Ext.P5 discloses that the Government have in identical circumstances relaxed the upper age limit prescribed for appointment as non-teaching staff in an aided school.
In such circumstances, I dispose of the writ petition with a direction to the State Government to dispose of Ext.P4 revision petition expeditiously and in any event within an outer limit of three months from the date on which the petitioner produces a copy of this judgment along with a copy of the writ petition complete in all aspects before the Secretary to Government, General Education Department. The Government shall before disposing of the revision petition, issue notice to and afford the petitioner, the Manager of the school and the Educational Officer concerned an opportunity of being heard and shall after orders are passed, communicate copies thereof to all the parties.
W.P.(C) No.14588/2014 3 The Government shall while disposing of the revision petition have due regard to the stand taken by the Government in Ext.P5 order dated 30.1.2010.
vps P.N.RAVINDRAN, (JUDGE)