MANAGER PARLI HIGH SCHOOL Vs. NARAYANAN

JUDGEMENT

(1.) The object and the purpose of R.51(B) of Chapter XIVA of Kerala Educational Rules arise for consideration in these writ appeals. Hence they are disposed of by this common judgment.

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

(3.) The above rule was introduced in the statute book on 30.3.1990. Government 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 R.51(B) in Chap. 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 R.51B would be available only if it is exercised within a reasonable period of time.