IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 22989 of 2009(P) -------------------------- PETITIONER(S): --------------- C.M.VIJAYALEKSHMY, AGED 38 YEARS, D/O.MADHAVA MENON AND W/O.KUMAR, CHELAKKARA HOUSE, KUMBALAM P.O., KOCHI-682 506. BY ADV. SRI.TOM JOSE SMT.GEETHA JOB(OZHUKAYIL) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, R/BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM DISTRICT. 3. THE MANAGER, VHSS, PANANGAD, ERNAKULAM DISTRICT. R1 & R2 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.22989 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2009. JUDGMENT The petitioner was appointed as a Full Time Menial by the 3rd respondent Manager in the year 2007 in a retirement vacancy. The approval was rejected as per Ext.P2, stating that she is over aged. The date of birth of the petitioner is 29.5.1971 and she was therefore aged 35 years, 7 months an 3 days as on 1.1.2007. Aggrieved by the said order, the petitioner filed a further representation before the first respondent as per Ext.P3, but that was not answered. The third respondent submitted a petition before the first respondent as per Ext.P4. The said petition is also pending. The petitioner is continuing to work as a Full Time Menial without any salary. 2. Now, the petitioner apprehends that she will be replaced by a fresh hand. Aggrieved by the orders by which the approval was rejected, the petitioner has filed a representation as per Ext.P5, before the Government. It is submitted that the Government had granted relaxation in age, going by Ext.P5(iii), in the matter of appointment of one Shri P. Rajagopalan in Vijayalakshmi Aided U.P. School. It is prayed that the same wpc 22989/2009 2 benefit may be extended to the petitioner also. 3. There will be a direction to the first respondent to take a decision on Ext.P5, after hearing the petitioner and the manager, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/