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2001 Supreme(Ker) 461

K.S.RADHAKRISHNAN, K.BALAKRISHNAN NAIR
Deepak – Appellant
Versus
Secretary, General Education Department – Respondent


Judgment :-

1. Writ Petitioner is the appellant. Writ Petition was preferred challenging Ext. P2 order dated 15.7.1999 by which District Educational Officer disposed of the petitioner's application for compassionate appointment in the S.N.V. Sanskrit Higher Secondary School. Ext. P2 order was happened to be passed by the District Educational Officer on a direction given by this Court in O.P. No. 3592 of 1999 filed by the writ petitioner. Claim for compassionate appointment was considered by the District Educational Officer and the same was rejected holding that the writ petitioner has no legal right to compassionate appointment under R.51B of Chapter XIV-A of the Kerala Education Rules since the Rule has no retrospective effect. Learned Single Judge upheld the impugned order. Aggrieved by the same this Writ Appeal has been preferred.

2. Writ petitioner's mother, who was a teacher in the S.N.V. Sanskrit High School, died in harness on 7.2.1978. On 5.1.1999 writ petitioner submitted an application before the Manager of the school for appointment under dying in harness scheme in accordance with R.51B of Chapter XIV-A. Application was considered by the District Educational Officer with











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