The issue of law that arises for decision in these writ petitions is as to whether a dependent of a non-teaching employee governed by Chapter XXIV B of the Kerala Education Rules, 1959, hereinafter referred to as “KER”. For short, is entitled to employment on compassionate grounds on demise, in harness of that employee.

The facts:

2. Sri. A. Ramakrishnan, entered service as a part-time menial in the K.V. Sanskrit Higher Secondary school, Muthukulam on 8-6-1996. He died on 4-3-1995 in harness. His son, Sri. Rajesh, the petitioner in O.P.No.18342 of 2001, born on 20-5-1982, was not a major at that time. On attaining majority, he promptly applied for appointment on compassionate grounds. The District Educational Officer hereinafter referred to as the “DEO”, for short, rejected it on the ground that the dependants of part-time menials are not entitled to compassionate employment in terms of the Government Orders. Sri. Rajesh moved this court for a direction to the Government to consider his petition, which was then pending. By the decision contained in the letter dated 9-1-2001, the Government took the view that he is entitled to appointment on compassionate grounds. By lett