MINIMOL M.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is challenging Ext.P7 order of government and seeks for a declaration that she is eligible for appointment as full time menial under the fifth respondent's school.

(2.) Petitioner was appointed as Full Time Menial in an aided school of the fifth respondent, which is governed by Kerala Education Act and Rules, 1959. Her appointment for the period from 01-04-1993 to 01-06-1993 on temporary basis, was approved. From 06-07-1993 to 02-06-1997, she worked in a permanent vacancy, with approval. The case of the petitioner is that she was not allowed to continue in the employment, consequent to her marriage in the year 1997. According to her the manager had informed her that married girls will not be allowed to continue in class -IV posts. It is also alleged that the manager had obtained her signature in several blank papers. Subsequently when she came to know that another person was allowed to continue in the school as Full Time Menial even after her marriage, she submitted a representation before the District Educational Officer complaining the denial of employment to her. She thereafter submitted a complaint before the Petitions Committee of the Kerala Legislature and before the Chief Minister. Thereafter the District Educational Officer (DEO) conducted a hearing. The plea of the manager was that she left the employment on her own, after submitting her resignation with effect from 03-06-1997 and in the place of petitioner he had appointed one Smt.Anu George. The District Educational Officer found that there was a resignation letter pasted in the service book of the petitioner; but approval of the Educational Officer was not obtained in the resignation letter, as claimed by the manager. The DEO also found that the resignation letter was found written in another hand writing, different from that of the petitioner and in his report dated 19-02-2004, he stated that the action of the manager in terminating the services of the petitioner was illegal and unjust. At the same time the DEO also found that there was another claimant also for the post who had preferred a complaint. The DEO, thereupon, directed the manager to appoint the senior most claimant as Full Time Menial.

(3.) Thereafter petitioner submitted another complaint before the Chief Minister on 20-11-2004 as seen from reference No.6 of Ext.P6. On the basis of the complaint of the petitioner before the Chief Minister, the Director of Public Instructions conducted a hearing on 21-11-2006, in which the Educational Officer, the petitioner and Manager were present.