Cyriac Joseph, J.

1. This appeal is against the judgment in O.P.No.6412 of 1991 which was dismissed by the learned Single Judge. The appellant is the petitioner in the original petition.

2. The appellant’s father Sri.A.Chathu Mannadiar was a teacher of Aided Upper Primary School, Keralassery. While in service Sri.Chathu Mannadiar died of heart attack on 27.6.1978. He had served as a teacher in the said school for nearly 27 years from 1951 to 27.6.1978. He left behind him his only son (the appellant) who was then a minor aged 16 years and two unmarried daughters. The appellant studied only upto S.S.L.C. On attaining majority the appellant submitted an application dated 28.9.1982 to the Government requesting for employment under the Dying in Harness Scheme. As per Ext.P1 letter dated 9.11.1982 the Government informed the appellant that the Government had prescribed an application form for applying for employment assistance under the provisions of G.O.(Ms) 20/70/PD dated 21.1.1970 and that he might apply in that form provided his father was a government servant. Admittedly the appellant’s father was not a government servant and the benefit under the above mentioned Government Order could not be claimed by the appellant. Rule 51B was inserted in Chapter XIV-A of the Kerala Education Rules (hereinafter referred to as ‘the K.E.R.’) as per G.O.(P) No.55/90/G.Edn. dated 30.3.1990. Rule 51B provided as follows:

“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.”

After the introduction of Rule 51B, the appellant submitted Ext.P4 representation dated 18.4.1991 to the Deputy Director of Education, Palakkad requesting for employment under the Dying in Harness Scheme. A similar request was made by the appellant to the Assistant Educational Officer, Parali, Palakkad as per Ext.P5 representation dated 17.4.1991. Ext.P5 representation was returned by the Assistant Educational Officer on 23.4.1991 with the following endorsement:

“Returned. Your request cannot be considered as per the existing Rules.”

Thereupon the appellant submitted Ext.P6 representation dated 7.6.1991 to the District Educational Officer, Palakkad requesting that directions may be given to the manager of the school to appoint the appellant in the vacancy of Peon which was likely to arise shortly. Apprehending that the said vacancy of Peon would be filled up without considering the appellant’s claim the appellant filed the original petition (O.P.No.6412 of 1991) praying for the following reliefs:

a) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to appoint the petitioner in the existing vacancy of Peon in the 5th respondent’s school,

b) Issue a writ of certiorarj or other appropriate writ, order or direction, calling for the records leading to Exts.P2 and P5A and to quash the same.

c) Grant such other reliefs as this honourable Court may deem fit and proper in the circumstances of the case including cost of this petition.”

3. The 5th respondent Manager of A.U.P.School, Keralassery filed a counter affidavit raising the following contentions: The petitioner’s father died on 27.6.1978. The date of birth of the petitioner is 15.4.1962. The petitioner attained majority two years after the death of his father. Rule 51B of Chapter XIV-A of K.E.R. was inserted in the statute book by publication in the Kerala Gazette date 30.3.1990. Before 30.3.1990 there was no provision of law imposing an obligation on the managers of aided schools to appoint dependents of aided school teachers dying in harness. Since the statutory obligation of managers to appoint dependents of aided school teachers came into existence only with effect from 30.3.1990 the petitioner is not entitled to get any benefit based on Rule 51B of Chapter