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