Antony Dominic, J. 1. Approval of appointment of a full time menial is the issue raised by the appellant in W.P(C).28542/12 filed by him. The writ petition having been dismissed, this appeal is filed.
2. Heard learned counsel for the appellant and learned Government Pleader appearing for the respondents.
3. Appointment of the appellant was by Ext.P1 order dated 1.2.2011. As on that date, the appellant had exceeded 35 years of age. In Ext.P2 order of the District Educational Officer declining approval and Exts.P3 and P6, the appellate and revisional orders where Ext.P2 was confirmed, two reasons have been stated. One was that the appellant had exceeded 35 years of age at the time of appointment and the second was that there was no established vacancy. These reasons were upheld by the learned single Judge.
4. Learned counsel for the appellant reiterated the contention that there existed an established vacancy at the time of his appointment and that the upper age limit for appointment is 45 years.
5. In so far as the existence of vacancy is concerned, neither in the orders produced in the writ petition nor in this appeal is there anything indicating that there was an established vacancy at the time when the appellant was appointed. Coming to the finding that the appellant was overaged at the time of his appointment, as we have already stated, the contention of the counsel for the appellant is that the upper age limit is 45 years. For this purpose, reliance is placed on the provisions of Rule 2 of Chapter XXIV A of KER. However, we are unable to accept this contention for the reason as is evident from Rule 2 of Chapter XXIV B, Rule 2 of Chapter XXIV A is applicable only to those persons who are in service as on 1.10.1964. Admittedly therefore, Rule 2 of Chapter XIV A does not come to the rescue of the appellant.
In the aforesaid circumstances, we find that the learned single Judge was fully justified in confirming the impugned order. Writ appeal fails. It is accordingly dismissed.
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ANTONY DOMINIC, Judge.
kkb.
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ANIL K.NARENDRAN, Judge.
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