MANAGER Vs. K P RAMESH

JUDGEMENT

(1.) The object and the purpose of Rule 51 (B) of Chapter XIV A of kerala Educational Rules arise for consideration in these writ appeals. Hence they are disposed of by this common judgment. W.A.No.1621 of 1998 Appellant is the Manager of Parli High School, which is an aided private school. The 1st respondent filed O.P.No.5572 of 1997 claiming appointment against the post of Clerk fell vacant in the High School on 1-4-1997. His father who was working as a Teacher in the High School died in harness in the year 1977. The claim under Rule 51(B) was made 20 years after the death of his father and 16 years after attaining majority. The learned Single Judge allowed the O.P. holding that no time limit is fixed in the Kerala Education Act or Rules for the purpose of filling application for appointment under Rule 51(B). It was also held that the object of Rule 51(B) was to give benefit to the dependents of persons who died in harness, whether the death occurred prior to or subsequent to the introduction of that rule. The appellant was directed to consider the 1st respondent for appointment to the post of Clerk in the vacancy which arose on 1-4-1997. The judgment of the learned Single Judge is reported in Narayanan v. State of Kerala ((1998 (2) KLT 446). W.A.No.2820 of 2000 Appellant is the Manager of H.S.Katampazhipuram who is respondent No.4 in O.P.No.15097 of 1998. The 1st respondent herein filed the above writ petition praying for directions to appoint him as Lower Division Clerk in the school under Rule 51(B) against the vacancy that arose on 1-11-1997. His mother who was a Sewing Teacher in the school died on 7-3-1981 while in service. The appellant filled up the vacancy by promoting a Rule 43 claimant who is respondent No.5 in this appeal. Learned Single Judge allowed the original petition in the light of the decision in Narayanan s case supra and directed the appellant to consider the case of the 1st respondent for appointment against the next arising vacancy. Hence this appeal. W.A.No.423 of 2002 Appellant is the petitioner in O.P.No.8573 of 2001 which was heard and disposed of by a learned Single Judge along with O.P.No.19401 of 2001 filed by the Manager A.M.U.P. School, Kanhirakole. Appellant was appointed on 1-6-1999 as an Asst. Teacher in the school by the Manager who is the petitioner in O.P.No.19401 of 2001. Educational Officers and the Government held that the appointment cannot be approved on the ground that the 3rd respondent who is a claimant under Rule 51(B) ought to have been appointed in that vacancy. Writ petitions were filed challenging the orders passed by the Educational Officers and the Government. Third respondent s father was an employee of the school. He died in harness in the year 1985. Time lag between the death of the father of the 3rd respondent and the vacancy against which claim for appointment is made is 14 years. Learned Single Judge dismissed the above two writ petitions holding that the Manager of an aided school cannot press into service the lapse of time as a ground for rejecting the claim for appointment under the rule relating to dying in harness in the peculiar circumstances in which private school managers are making appointments. Appellant submits that the above reasoning is unsustainable. W.A.No.424 of 2002 Appellant is the petitioner in O.P.No.19401 of 2002. He is the Manager of the school already referred to in connection with W.A.No.423 of 2002. W.A.No.974 of 2002 Appellant herein is the first petitioner in O.P.No.12711 of 2001. He is the Manager of St.Joseph s High School, Mathilakam. Respondent No.4 made a claim for appointment under Rule 51(B). His father was a Teacher in the school. He died in harness on 19-6-1984. The 4th respondent attained majority in 1996 and he applied for appointment on 24-10-1998 relying on Rule 51(B). The Educational Officer directed the appellant Manager to appoint the 4th respondent in the school. Appellant filed a revision before the Government against that direction. Government rejected that revision. Manager filed the writ petition challenging the order of the District Educational Officer and the Government. Learned Single Judge dismissed the original petition pointing out the peculiar circumstances under which the Managers of private aided schools exercise the power to appoint teaching and non-teaching staff. The learned Judge also found that the principles stated by the Supreme Court in the matter of appointment under the dying in harness scheme have no application to the appointment in aided schools.

(2.) Having briefly stated the facts of the above writ appeals, we may extract Rule 51(B) of Chapter XIV A, K.E.R. Which reads as follows:

(3.) The above rule was introduced in the statute book on 30-3-1990. Govt. of Kerala had issued various orders giving employment assistance to dependents of Government servants dying in harness. However, those orders were not directly applicable to the aided private school staff who are governed by the Kerala Education Act and the Rules. By the introduction of Rule 51(B) in Chapter XIV A of the Kerala Education Rules, a liability is cast on the managers to give employment to a dependent of an aided school teacher or a member of the non-teaching staff dying in harness. That rule specifically states that Government orders applicable to the dependents of Govt. servant dying in harness shall apply mutatis mutandis in the matter of such appointments. Those Govt. orders on this subject serve the field. The appellants do not deny the liability thus imposed on them by the aforesaid rule. However, based on the decisions of the Supreme Court on the right to claim appointments under the dying in harness scheme, the appellants contend that the right under Rule 51B would be available only if it is exercise within a reasonable period of time.