RENI K ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE question that has come up for consideration in these cases is whether a married daughter of a person who died in harness would get the benefit of R. 51b Chapter XIV-A of Kerala Education Rules in the case of teaching staff and under R. 9a of Chapter XXIV-A of K. E. R. in the case of non-teaching staff.

(2.) THE object and purpose of granting compassionate employment is to give employment to the dependent of a family on the untimely death of the breadwinner. Claimants should have undergone normal selection process to get appointment but for the claim for compassionate appointment. As held by the Supreme Court in Umesh Kumar Nagpal v. State of Haryana (1994) 4 SCC 138 the whole object of granting compassionate employment is to enable the family to tide over the sudden crisis. THE object is not to give a member of such family a post much less a post for the post held by the deceased. THE Supreme Court in Jagdish Prasad v. State of Bihar (1996) 1 SCC 301 observed that the very object of appointment of a dependant of the deceased employees who the in harness is to relieve unexpected immediate hardship and distress caused to the family by sudden demise of the earning member of the family. Above mentioned statutory provisions have been incorporated in the Kerala Education Rules to achieve objective mentioned herein before. Government have also issued various orders laying down eligibility criteria and also other procedural criteria to be followed.

(3.) PETITIONER's father in O. P. No. 10764/98 died in harness on 3-10-1989. He was a Clerk in the school. PETITIONER has passed s. SX. C. Hindi Bhooshan and Hindi Sahityacharya and was qualified to be appointed as Clerk as well as L. G. Hindi Teacher. When the petitioner's father died on 3-10-1989 petitioner was a minor. Therefore, the vacancy was filled up by promotion by a last grade servant. On 1-6-1998 a post of Clerk in the School arose. The petitioner approached the Manager seeking appointment. Request was turned down by the Manager. PETITIONERs made various representations. Incidentally, petitioner's mother is still an employee in the same school. PETITIONERs submitted that married daughters are entitled to get the benefit of the statutory provision. Counsel for petitioners submitted the moment their mother/father died the right is accrued to them as to get appointment in the school. They also contended that they still continued to be dependant of their mother/father and manager is bound to appoint them.