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2002 Supreme(Ker) 680

K.K.DENESAN, J.B.KOSHY
Manager, Parli High School – Appellant
Versus
Narayanan – Respondent


Judgment :-

1. The object and the purpose of R.51(B) of Chapter XIVA of Kerala Educational Rules arise for consideration in these writ appeals. Hence they are disposed of by this common judgment.

W.A. No. 1621 of 1998

Appellant is the Manager of Parli High School, which is an aided private school. The 1st respondent filed O.P. No. 5572 of 1997 claiming appointment against the post of Clerk fell vacant in the High School on 1.4.1997. His father who was working as a Teacher in the High School died in harness in the year 1977. The claim under R.51(B) was made 20 years after the death of his father and 16 years after attaining majority. The learned Single Judge allowed the O.P. holding that no time limit is fixed in the Kerala Education Act or Rules for the purpose of filing application for appointment under R.51(B). It was also held that the object of R.51(B) was to give benefit to the dependents of persons who died in harness, whether the death occurred prior to or subsequent to the introduction of that rule. The appellant was directed to consider the 1st respondent for appointment to the post of Clerk in the vacancy which arose on 1.4.1997. The judgment of the learned Single Judge is







































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