N.K. Sodhi, C.J.

A.V.P. School, Pilachikara (for short 'the School'), Post Office Balal, District Kasaragodis an Aided School receiving grant in aid from the State Government. Respondent No.5 is its Manager. One P. Narayanan Nair was a Peon in the School. He proceeded on leave with effect from 19th May, 1993 preparatory to retirement and the Manager appointed the appellant before us as a Peon in that vacancy. He was appointed on 19th May, 1993. The Manager of the School approached the Assistant Educational Officer seeking approval of the appointment. The application was rejected and the approval declined on the ground that the Manager, while appointing the appellant, had overruled the claim of the 6th respondent who was a claimant under R.51B of Chapter XIV A of the Kerala Education Rules (hereinafter called 'the Rules'). R.51B which was introduced with effect from 30th March, 1990 reads as under:

"51B. The Manager shall give employment to a dependent of an aided school teacher dying-­in-harness. Government Orders relating to employment assistance to the dependents of Government servants dying-in-harness shall mutatis mutandis, apply in the matter of such appointments."

It may be mentioned that the father of respondent No.6 had been working as a teacher. in the School and he died-in-harness on 7th April, 1989. It has been found by the authorities below that the 6th respondent approached 'the Manager through a representation seeking appointment against the leave vacancy caused on 19th May, 1993 when P. Narayanan Nair proceeded on leave preparatory to retirement. This representation was received from the 6th respondent on 8th May 1993, i.e. after more than four years after the death of his father. Since the application for approval was declined by the Assistant Educational Officer, the Manager filed all appeal before the District Educational Officer, Kasaragod who dismissed the same on the same ground. He also observed that since the 6th respondent was a 51B claimant and his claim having been ignored by the Manager, the appointment of the appellant against the leave vacancy could not be approved. Still not satisfied, the Manager filed a Revision Petition before the Director of Public Instructions, Thiruvananthapuram. The Revision Petition was also dismissed and the matter was taken in further revision to the State Government. The Additional Secretary in the Department of General Education considered the matter and he too was of the view that the 6th respondent was a R.51B claimant and his claim had been ignored by the Manager while appointing the appellant against the leave vacancy. The Revision Petition was accordingly rejected. It was then that the appellant challenged all the orders of the authorities below by filing O.P. No.5932 of 2000 in this Court out of which the present appeal has arisen. The learned Single Judge also took the same view and held that the 6th respondent was a R.51B claimant and he had to be given preference in the matter of appointment to the post of Peon and that the authorities below were right in not granting approval to the appointment of the appellant. The Writ Petition was accordingly dismissed. Hence, this Writ Appeal.

2. We have heard the learned Counsel for the parties and perused the orders of the authorities below and also the Judgment of the learned Single Judge which is under appeal. The claim for appointment on compassionate grounds on the death of an employee in harness was introduced by the State Government by amending the Rules with effect from 30th March, 1990. R.51B as reproduced above was introduced which provides that the Manager shall give employment to a dependent of an aided school employee dying-in-harness. The Rule further provides that all Government Orders relating to employment assistance to the dependents of Government servants dying-in-harness shall mutatis mutandis apply in the matter of such appointments. It is true that the Rule does not prescribe any time-limit