PRIYESH VASUDEVAN Vs. SHAMEENA P MANAGER

JUDGEMENT

(1.) THE main question of law involved in this Writ Appeal is whether a posthumous child of a teacher in an aided School, who died in harness, is entitled to get appointment under the Compassionate Employment Scheme on his attaining majority.

(2.) VASUDEVAN, the father of the appellant, was a Sanskrit teacher in Punnur Cherupalam Aided Upper Primary School in Kozhikode District. Vasudevan died on 10. 4. 1980 while in service. Appellant, the child in the womb was born on 11. 12. 1980. He submitted an application for compassionate appointment under the Compassionate Employment Scheme as per G. O. (P)12/99/pandard dated 24. 5. 1999, which was made applicable to teachers of aided schools under Rule 51b of Chapter XIVA of the Kerala Education Rules. The application was made on 29. 11. 2000, within two years of his attaining majority. The appellant had the requisite qualification for appointment. The Manager of the School in Ext. P2 letter dated 10. 1. 2001, stated that the appellant is not eligible for appointment under the Dying-in-Harness Scheme as "he cannot be considered as a dependent on the teacher who expired". The Assistant Educational Officer, Balussery as per Ext. P5 order dated 22. 6. 2002, held that the appellant is entitled to get appointment under the Dying-in-Harness Scheme. The Manager of the School (first respondent in the Writ appeal) challenged Ext. P5 order in the Original Petition from which the above Writ Appeal arises. The learned single Judge allowed the Original Petition and held that the appellant herein was never a dependent on the deceased teacher and, therefore, the claim of the appellant cannot be considered under the Dying-in-harness Scheme. The learned single Judge held that the Scheme dated 24. 5. 1999 is intended to provide employment assistance to the dependents of Government servants who die in harness and that it is intended to provide immediate relief to the family of the Government servant. It was held that as per the Government Order dated 24. 5. 1999, which is incorporated in Rule 51b of Chapter XIVA of the Kerala Education Rules, the appellant is not a dependent of the deceased teacher.

(3.) THE Compassionate Employment Scheme was originally introduced as per the Government Order dated 21. 1. 1970. As per G. O. (P)7/95/pandard dated 30. 3. 1995, the Scheme was liberalized. Thereafter, Government Orders were issued on 21. 10. 1995, 25. 3. 1996, 10. 7. 1996, 29. 11. 1996, 12. 2. 1997 and 5. 1. 1998 and changes were brought out in the Scheme. It is stated in the order of the Compassionate Employment Scheme dated 24. 5. 1999, thus: