AMARNATH G.K Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are preferred against the common judgment dtd. 12/1/2023 in two writ petitions namely, W.P(C) Nos.11793 of 2020 and 22031 of 2022. Among the appeals, W.A.No.395 of 2023 is preferred against the judgment in W.P.(C) No.11793 of 2020 and W.A.No.303 of 2023 is preferred against the judgment in W.P.(C) No.22031 of 2022. Parties and documents are referred to in this judgment for convenience, as they appear in W.P.(C) No.11793 of 2020.

(2.) The matter relates to the claim made by the petitioner for employment assistance in an aided school namely, AMUP School, Kayakkodi (the School).

(3.) The father of the petitioner was a teacher in the School. He died on 7/4/2015. It is alleged by the petitioner that he preferred an application before the Manager of the School seeking compassionate appointment in terms of Rule 51B of Chapter XIVA of the Kerala Education Rules (the KER) on 15/6/2016 and since there was no response to the said application, he preferred another application before the Manager for the said purpose on 23/8/2017. Exts.P1 and P3 are the applications stated to have been preferred by the petitioner on 15/6/2016 and 23/8/2017 respectively. It is stated by the petitioner that yet another application was submitted by him before the Manager for the very same purpose later on 3/4/2019. Ext.P4(b) is the application submitted by the petitioner on 3/4/2019. Ext.P4(b) application was turned down by the Manager on 8/6/2019 as per Ext.P6 communication stating, among others, that the petitioner had not preferred an application seeking employment assistance within the prescribed time limit namely, two years from the date of death of the employee. On 19/6/2019, the petitioner preferred a representation before the Educational Officer informing him that the Manager is making appointments in the School in preference to his claim for compassionate appointment. Ext.P5 is the representation preferred by the petitioner before the Educational Officer in this regard. On Ext.P5 representation, the Educational Officer issued Ext.P7 order directing the Manager to appoint the petitioner as a teacher in the School. The Manager challenged Ext.P7 order in revision before the Government. Ext.P11 is the revision petition preferred by the Manager in this connection. Ext.P11 revision petition was allowed by the Government in terms of Ext.P14 order stating, among others, that the petitioner has not made available satisfactory materials to show that he preferred application seeking employment assistance within two years from the date of death of the employee, in terms of the orders issued by the Government in this regard. Ext.P14 order was under challenge in W.P.(C) No.11793 of 2020.