K.S. Radhakrishnan, J.

Petitioner is the son of one Rajagopalan Unni, who died in harness in the year 1977 while working as a teacher in Parli High School. Rajagopalan Unni had put in about 21 years service at that time. The sudden death of Unni caused considerable difficulties to the family. Petitioner at that time was only a student aged about 14 years. Due to financial difficulties he could not complete his studies. He completed only Pre-degree. At that time, in the school there was no post in which petitioner could be accommodated. The post of a clerk fell vacant in the High School on 1.4.1997 as the incumbent retired. Petitioner then made an application before the third respondent in prescribed form so as to appoint him in that vacancy. Since no action was taken he has sent several letters to the Educational Authorities. The complaint of the petitioner is that disregarding Ms application, third respondent is taking steps to fill up this post. This according to the petitioner is illegal. According to petitioner, he is entitled to get the benefit of R.51B of Chapter XIV-A of the Kerala Education Rules.

2. A counter affidavit has been filed on behalf of the third respon