SOPPY HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) WP (C) No. 35551 of 2007 is filed by the dependant of Balan, who was working as Assistant Teacher in Kolavallur L.P. School under the management of the fifth respondent, challenging the rejection of her application for appointment under R.51B of Chap. XIVA of the Kerala Education Rules under the Compassionate Employment Scheme. WP (C) No. 13529 of 2007 is filed by the Manager of the School challenging Cl.19 of GO (P) No. 12/99 P&ARD dated 24/05/1999, which provides that in the case of a minor dependant, the time limit for filing the application for compassionate employment will be three years after attaining majority.

(2.) Balan, father of the petitioner in WP (C) No. 35551 of 2007, died in harness on 04/04/1994. He was an Assistant Teacher in Kolavallur L.P. School. On the date of death of Balan, the petitioner, his daughter, was a minor. Date of birth of the petitioner is 28/04/1986. The petitioner attained majority on 28/04/2004. She acquired the training qualification (TTC) on 11/11/2005. The petitioner submitted Ext. P2 application dated 03/01/2006 to the Manager, requesting to appoint her under the Compassionate Employment Scheme. As per Ext. P3 order dated 22/02/2006, the Assistant Educational Officer directed the Manager to consider the claim for compassionate employment put forward by the petitioner in the next arising vacancy in the School. As per Ext. P4 order dated 08/08/2006, the Manager rejected the application submitted by the petitioner. The reasons for rejection of the application are the following: (a) The scheme was not in force at the time of death of Balan; (b) more than twelve years elapsed after the death of Balan and, therefore, the application is not maintainable; and (c) there is no vacancy in the School during the academic year 2006-07.

(3.) It is stated that a vacancy of Assistant Teacher arose in the School on 04/06/2007 and the Manager appointed one Mymoonath, who was impleaded as additional sixth respondent in WP (C) No. 35551 of 2007. R.51B of Chap. XIVA of the Kerala Education Rules provides that the Manager shall give employment to a dependant of an aided school teacher dying in harness. Government Orders relating to employment assistance to dependants of Government servants dying in harness shall mutatis mutandis apply in the matter of such appointments.