USHA RANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a 51B claimant under Chapter XIV -A of the Kerala Education Rules. He approached this Court on account of denial of her claim for employment under dying in harness scheme.

(2.) The petitioner is the daughter of Smt.M.J.Bhageerathi Amma died in harness while working as LPSA in an aided school. The death was on 2.10.1987. At the time of death, the petitioner was only 11 years. The petitioner applied for job by Ext.P1 on 8.10.1996. Thereafter, again sent a request on 11.8.1998. By Ext.P4, the Assistant Educational Officer directed the Manager to consider the petitioner's request. The petitioner again made an application by Ext.P5 on 9.3.1999 stating that she had acquired B.Ed with first class. Thereafter, the petitioner sought information under the Right to Information Act as per Ext.P6 from the Assistant Educational Officer. The Assistant Educational Officer gave a reply by Ext.P8 showing the vacancies arose after 1998. He has pointed out three vacancies of LPSA and one Arabic part -time arose in the school. It is also stated that the Manager has informed the authorities, there was no 51B claimant.

(3.) The Manager, thereafter, obtained a relinquishment letter from the petitioner as per Ext.P11 on 31.7.2013. The petitioner submits that this was based on a misrepresentation by the Manager. The Manager represented the petitioner that she needs qualification of the Kerala Teacher Education Test and also she being the holder of B. Ed, she is ineligible to get the post. However, later on knowing B.Ed holder is also entitled for appointment by virtue of the Circular No.41247/J3/2000/Gen. Education dated 20.9.2000, the insistence of the qualification of TTC does not apply to Rule 51B claimant before 2000, the petitioner again made a request to the Manager and the authorities. The petitioner has approached this Court on account of non -consideration of his claim.