LAWS(KER)-2020-12-64

SAJANA.T.N Vs. STATE OF KERALA

Decided On December 08, 2020
Sajana.T.N Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner, Smt.Sajana T.N., has approached this Court seeking that the appointment of her late husband, Sri.Muhammmed Faizy K.M., be directed to be approved in the additional division post vacancy that was available in the 5th respondent-School on 16.07.2007.

(2.) The petitioner says that her husband was, in fact, appointed with effect from the aforementioned date and that the Manager had, in fact, appointed two other teachers also in such additional division posts during the same period. She says that her husband, while continuing as an Upper Primary School Teacher, passed away on 17.10.2012, but that his appointment had not been approved by the Authorities and consequently, that she has not been able to obtain any benefits eligible on account of her husband's employment.

(3.) The petitioner says that when proceedings were initiated before the competent Authorities for seeking the approval of appointment of her husband, the same had been rejected through Exts.P13 and P14 citing the sole reason that, at the time when the appointment was offered to her husband, there was a ban of appointments in force as ordered by the Government and consequently, that unless the Manager of the School had executed a bond in terms of GO(P)No.10/10/G.Edn, dated 12.01.2010, the same cannot be approved. She says that, as is evident from Ext.P11, this Court has already directed the approval of appointment of other persons who are identically placed as her husband, but that this benefit has been denied to her only because she had not approached this Court at the right time. She, therefore, prays that Exts.P13 and P14 be set aside and the competent Authority be directed to approve her husband's appointment with effect from 16.07.2007 in the 5th respondent-School.