ANNAMMA V C Vs. STATE OF KERALA

JUDGEMENT

(1.) In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to the fifth respondent. Learned Government Pleader takes notice for respondents 1 to 4.

(2.) It is stated that the petitioner was appointed as Part Time Menial in a short term vacancy for the period from 8.10.2003 to 2.6.2004 in BI Teachers' Training Institute, Kottayam, of which, the fifth respondent is the Corporate Manager. The petitioner was thereafter promoted and appointed as Full Time Menial in a regular vacancy on 3.6.2004 in BIG High School, Pallom under the same management. The promotion of the petitioner as Full Time Menial was approved by the District Educational Officer. The petitioner was getting salary and allowances. While so, a permanent vacancy of Peon occurred in CMS U.P.School, Chelakompu, under the same management, on account of the promotion of one Betty Joseph as Attender. In that vacancy, the petitioner was promoted and appointed as Peon with effect from 6.5.2010. The Assistant Educational Officer, as per Ext.P3 order dated 31.7.2010, rejected the proposal to approve the promotion of the petitioner as Peon on the ground that CMS U.P.School, Chelakompu is an uneconomic school and on the basis of G.O.(MS)No.259/06/G.Edn. dated 12.10.2006 (Ext.P4). Aggrieved by Ext.P3 order passed by the Assistant Educational Officer, the Manager filed Ext.P8 appeal dated 10.8.2010 before the District Educational Officer, Kanjirappally and the same is pending.

(3.) The petitioner submitted application to the Assistant Educational Officer for granting salary of Full Time Menial, pending consideration of the question of approval of her appointment as Peon. That application was rejected by the Assistant Educational Officer as per Ext.P12 order dated 4.8.2010.