IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 23259 of 2007(R) --------------------------------------- PETITIONER(S): ---------------------- 1. V.J.ASHOKAN NAIR, S/O.JANARDHANAN PILLAI L.D.C., N.S.S N.S.S. MANAKAD, THODUPUZHA, IDUKKI DIST. 2. P.SANIL, PEON, N.S.S. MANAKAD THODUPUZHA, IDUKKI DIST. BY ADV. MR.B.S.SURESH (CHIRAKKARA) RESPONDENT(S): -------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR (EDUCATION), IDUKKI. 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. GOVERNMENT PLEADER MR.T.T.MUHAMOOD FOR R.2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23259/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER FROM FTM TO THE POST OF PEON DT. 1.3.95. P2:- COPY OF THE APPOINTMENT OF THE 2ND PETITIONER FROM FTM TO PEON POST DT. 1.8.97. P3:- COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER FROM PEON TO LDC. DT. 6.6.07. P4:- COPY OF THE STATEMENT OF FIXATION PAY OF THE IST PETITIONER AS PEON DT. 29.11.95. P5:- COPY OF THE FIXATION OF PAY OF THE 2ND PETITIONER DT. NIL. P6:- COPY OF THE RELEVANT PAGES OF AUDIT OBJECTION RAISED BY THE 2ND RESPONDENT IN RESPECT OF ADVANCE INCREMENT DT. 1.2.06. P7:- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT ON 6.6.06. P8:- COPY OF THE REQUEST OF THE HEAD MASTER OF THE SCHOOL REGARDING THE PETITIONERS MATTER DT. NIL. P9:- COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 15.6.07. P10:- COPY OF THE JUDGMENT IN WPC. NO.29800/03. P11:- COPY OF THE ORDER OF 2ND RESPONDENT ON SIMILAR CIRCUMSTANCES FOR AN ANOTHER PEROSN. P12:- COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT ON SIMILAR CIRCUMSTANCES DT. 10.3.06. P13:- COPY OF THE NOTIFICATION ISSUED BY GOVERNMENT OF KERALA DT. 30.10.06. TRUE COPY P.A.TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23259/2007-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of June, 2009 J U D G M E N T The issue raised by the petitioners herein is covered in their favour by the judgment of a learned Single Judge of this Court in P.Sasikumar v.State of Kerala and others [W.P.(C).No.15902/2007]. It was held therein that Full Time Menial post is a feeder category for the appointment to the post of Peon. 2. The petitioners herein are now working as Clerk and Peon respectively in an aided school. The first petitioner was promoted and appointed to the post of Peon from the post of Full Time Menial on 01/03/1995 and the second petitioner was promoted and appointed to the post of Peon on 01/08/1997. By Ext.P3, the first petitioner was promoted to the post of Clerk with effect from 06/06/1997. On their appointment as Peon, they have been sanctioned one advance increment of Rs.75/- with their basic pay. Exts.P4 and P5 are copies of statement of fixation of pay in regard to the petitioners and they are enjoying the benefits from the dates of these orders. An audit objection was raised in respect of the said increment as per Ext.P6. It was pointed out that as the post of Full Time Menial is not W.P.(C). No.23259/2007 -:2:- the feeder post of Peon the advance increment allowed cannot be admitted. Even though, the petitioners represented the matter, that was rejected by Ext.P7 by the second respondent. The petitioners are relying upon Ext.P11 order passed by the Director of Education pursuant to Ext.P10 judgment of this Court in a case of similarly placed persons wherein the audit objections were withdrawn by the Department. The petitioners also rely upon Ext.P13 clarification issued by the Government that settled cases in this regard need not be re-opened. 3. The respondents have filed a counter affidavit justifying the impugned action. 4. In W.P.(C).No.15902/2007, the very same issue arose for consideration. The matter was considered in the light of the relevant rules of Chapter XXIV-A, K.E.R. After examining the issue in detail it was held in paragraph (5) thus:- “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 W.P.(C). No.23259/2007 -:3:- 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 Rule 1 of Chapter XXIV-A, 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 (1) KLT 893]. It was held by the Division Bench that from Explanation II to Rule 1 of Chapter XXIV-A 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.” It was accordingly held that the view taken by the Government that Full Time Menial is not a feeder category for promotion to the post of Peon is clearly unsustainable. I respectfully agree with the said view. Hence, the writ petition is allowed. Exts.P6 and P7 are quashed. It is declared that the petitioners are entitled for the benefit of advance increments granted as per W.P.(C). No.23259/2007 -:4:- Exts.P4 and P5. Consequential monetary benefits will also be sanctioned and disbursed within four months from the date of receipt of the copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms