W VIMALA Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The prayers in this writ petition are as follows:

(2.) The petitioner claims that she was appointed as UPSA on 1.6.2010. Her approval was rejected on the ground that the 5th respondent had raised a claim for compassionate appointment under Rule 51 B of Chapter XIV-A of the Kerala Education Rules ('KER', for short). It is submitted that the 5th respondent's father had been working as a Drawing Teacher in the school and had passed away on 11.10.2002 after a long period of illness. The 5th respondent was a minor at that time. On 11.6.2001, during the illness of the 5th respondent's father, her mother was appointed as L.G. Hindi Teacher on compassionate ground.

(3.) It is stated that the 5th respondent had claimed to have filed an application for appointment under the dying-in-harness scheme addressed to the Principal of the school on 28.5.2004. The petitioner as well as the Manager of the school dispute the existence of any such application. On 15.5.2010, the 5th respondent had raised a claim for appointment as UPSA (Hindi) on the basis of her qualification. She had, therefore, raised objections to the approval of the appointment of the petitioner on 1.6.2010. Exhibit P11 order was passed by the District Educational Officer on 16.11.2010, rejecting the approval of the petitioner's appointment on the ground that the 5th respondent had established her Rule 51 B claim. Though appeals were preferred by the Manager before the Deputy Director of Education, by Exhibit P15 order dated 22.8.2011, the appeals were rejected. Revision filed under Rule 8A of Chapter XIV-A of KER by the Manager was also rejected by Exhibit P21. These orders are under challenge in this writ petition.