SASIKUMAR P Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is working as Peon in N. S. High School for Girls, Mannar, which is an aided school managed by the fifth respondent. THE petitioner was appointed as part time menial in the School on 01/12/1994 and he became a full time menial with effect from 01/03/1995 onwards. THE petitioner was appointed as full time menial as per Ext. P1 appointment order dated 01/03/1995. When a regular vacancy of Peon arose in the School, the petitioner was promoted and appointed as Peon by the Manager. THE promotion was approved by the District Educational Officer.

(2.) THE petitioner claims that as per 1997 Pay Revision Order he is entitled to an advance increment as provided in paragraph 47 thereof. Paragraph 47 of GO (P) 3000/98/fin. Dated 25/11/1998 reads as follows: " 47. Where promotion posts happen to have the scale of pay of feeder category posts, one advance increment will be granted to the incumbents appointed by promotion in posts carrying the scale of pay of feeder category posts. This advance increment will not be granted in the case of promotion from a time bound higher grade to a regular promotion post in the same scale of pay. "

(3.) CATEGORY No. 3 of R. 1 of Chapter XXIVA states that these persons (sweepers and other staff) are intended to be Sweepers, Scavengers, Watchers, Gardeners etc. The counsel submits that the expression "full time menial" is not defined in the Kerala Education Rules. In the Chambers Dictionary, for the word "menial", the meaning is shown as follows: " adj. of or pertaining to a train of servants or work of a humiliating or servile nature; servile - n. a. domestic servant; someone performing servile work; a person of servile disposition. " In Webster's New Dictionary and Thesaurus, "menial" is defined thus: " adj abject, attending; base, boring, degrading, demeaning, dull, fawning, grovelling, helping, humble, humdrum, ignoble, ignominious, low, lowly, mean, obsequious, routine, servile, slavish, sorry, subservient, sycophantic, unskilled, vile. n. attendant, creature, dog's body, domestic, drudge, eta, flunky, laborer, lackey, Peon, serf, servant, slave, underling. " The Law Lexicon by P. Ramanatha Aiyar defines "menial" as follows: " Menial. As an adjective, belonging to the retinue of servants; belonging to the retinue or train of servants. As a noun, the word is said to mean a domestic servant; one of the train of servants; a company or retinue; the company or collected number of a household or family. (Richardson Dic ). A barkeeper in a tavern is a "menial servant. " "in short, all the hirelings employed in service in and about the household affairs, or whose business it is to assist in the economy of the family; the stable boy, the coachman, and all that class of hirelings, fall within the reason of the law. In legal phrase, they are menial servants; and whether, in common parlance, they are called servants, or whether, as that term seems degrading, courtesy gives them a less offensive appellation, as gardener, house keeper nurse, coachman or barkeeper, they are menial servants; are servants within the meaning of the law. " (Ame. Cyc)" I am of the view that the expression "sweepers, Scavengers, Watchers, Gardeners etc. " would mean that they are "menials". It is common knowledge that such persons are appointed and treated as "full Time Menial" or "part Time Menial", as the case may be, by the Managers of Schools, educational authorities and by common man. The posts of "sweepers and other staff" would constitute a feeder category for the appointment to the post of Peon, as is clear from Explanation (1) to Note 2 of R. 1 of Chapter XXIVA, K. E. R. Therefore, I hold that Full Time Menial is a feeder category for the appointment to the post of Peon. This view is fortified by the Division Bench decision in Rajendran v. State of Kerala, 1993 KHC 151 : ILR 1993 (3) Ker. 100 : 1993 (1) KLT 893. It was held by the Division Bench that from Explanation II to R. 1 of Chapter XXIVA of the Kerala Education Rules it is clear that Sweepers, Watchers, etc. , whether full time or part time, are in the feeder category for filling up the post of Lower Division Clerk.