S. SUBHA Vs. T.G. GOPAKUMAR

JUDGEMENT

(1.) These appeals are filed, three by one Nimmi, a Rule 51B claimant and three by Subha, a person who was appointed as Peon; who would be thrown out if the impugned judgment is allowed to be sustained.

(2.) The claim was under Rule 51B of the Kerala Education Rules, 1958 [for brevity "KER"] on Nimmi's mother dying-in-harness. There arose two vacancies after the application was submitted by the dependent-daughter; first of which vacancies was not even intimated to the applicant. Later when a vacancy arose, again in the post of Full-time Menial [for brevity "FTM"], the same was offered to the claimant, which, however was not accepted. The claimant asserts that the denial of acceptance was only on account of her claim being, appointment as a Peon, which vacancy arose immediately after her application was made.

(3.) The learned Single Judge, considering the entire matter as also the statutory provisions, directed appointments made, to the two vacancies of FTM, which arose after the application under Rule 51B was made, to be affirmed. The learned Single Judge further directed that the Rule 51B claimant may be accommodated in the next arising vacancy. It was to that next arising vacancy that Subha, the appellant in three of the appeals herein, was appointed on 28.07.2008 as a Peon. The claimant-Nimmi has also filed appeals, again asserting her claim to the post of Peon which arose on 01.06.2001.