P.R. Raman, J.

Appellant in the Writ Appeal is-the 1st respondent in O.P. No. 1088/2000. The 1st respondent herein filed an Original Petition seeking a writ of mandamus commanding the Assistant Educational Officer, the 2nd respondent in the Original Petition to direct the Manager, the appellant in the Writ Appeal to give appointment to the petitioner under dying in harness scheme as provided under Chap.XIV A R.51B of the Kerala Education Rules, (hereinafter referred to as 'the K.E.R.') and also for restraining the A.E.O. from approving the appointment of any other person as Peon in Olavilam U.P. School before appointing the petitioner.

2. Petitioner is the son of one K.K. Kumaran who was an Assistant Teacher of Olavilam U.P. School. The said Kumaran died on 15.7.1975 while he was in service leaving behind his wife Leela and 3 children, namely, Pradeep Kumar (petitioner herein), Dinesh Kumar and Manoj Kumar. The claim of the petitioner is that since his father died while he was in service, his dependent is entitled to get appointment in any existing or next arising vacancy in the school and that the petitioner is fully qualified and eligible for being appointed to the post