L SHREEJITH Vs. DEPUTY DIRECTOR EDUCATION KERALA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of similar but different orders passed by the High Court of Kerala at Ernakulam whereby the High Court has allowed the claim for compassionate appointment made by the respondents and directed the institutions concerned to appoint them to posts against which they are otherwise eligible for appointment. The factual backdrop in which the writ petitions came to be filed by the respondents and eventually allowed is different in each case but the underlying principle on which the said petitions have been allowed and the provisions on the basis whereof the same have been allowed being common, we propose to dispose of these appeals by this common judgment.

(3.) In Civil Appeal arsing out of Special Leave Petition (C) No.7556 of 2008 father of respondent No.5 who was working as a 'Peon' in a school known as SHGSHS, Kadakkodu, died-in-harness on 14th October, 2000. Respondent No.5 was a minor aged about 16 years at that time. He attained majority on 21st April, 2002. His mother all the same applied for a compassionate appointment under the prevalent Compassionate Employment Scheme to the Deputy Director (Education) who informed her that respondent No.5 could apply to the management for an appointment as and when he attained majority. The petitioner accordingly applied for appointment as a Sanskrit Teacher on 7th February, 2005. It is not in dispute that he had the requisite qualification for appointment against the said post.