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2005 Supreme(Ker) 446

K.A.ABDUL GAFOOR, K.HEMA
ST. Ignatius High School Kanjiramattom, Represented by its Manager – Appellant
Versus
State of Kerala, Represented by the Chief Secretary to the Government of Kerala – Respondent


Judgment :-

Abdul Gafoor, J.

An aided school manager is the appellant in both these writ appeals. He is the Manager of St. Ignatius High School, Kanjiramattom. The 6th respondent filed Ext.R6(a) application before the appellant for appointment as a teacher in the school managed by him on compassionate ground invoking Rule 51B Chapter XIV-A KER, which reads as follows:

“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 mutates mutandis, apply in the matter of such appointments.”

This application was made on 25.7.1990 consequent on death of her mother, A.L. Rosy on 21.4.1990 who was a teacher in the school managed by the appellant. The appellant manager did not consider this request. Finally, the 6th respondent took up the matter before the District Educational Officer who considered her claim with due advertence to the objections of the manager as contained in Ext.P1 and passed Ext.P2 order with direction to the manager “to give employment to the petitioner (6th respondent) in the next arising vacancy in his school, after obtain












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