W.P.(C) No.35551 of 2007 is filed by the dependent of Balan, who was working as Assistant Teacher in Kolavallur L.P.School under the management of the fifth respondent, challenging the rejection of her application for appointment under Rule 51B of Chapter XIVA of the Kerala Education Rules under the Compassionate Employment Scheme. W.P. (C) No.13529 of 2007 is filed by the Manager of the School challenging clause 19 of G.O.(P) No.12/99 P&ARD dated 25.1999, which provides that in the case of a minor dependent, the time limit for filing the application for compassionate employment will be three years after attaining majority.

2. Balan, father of the petitioner in W.P.(C) No.35551 of 2007, died in harness on 4.1994. He was an Assistant Teacher in Kolavallur L.P.School. On the date of death of Balan, the petitioner, his daughter, was a minor. Date of birth of the petitioner is 28.4.1986. The petitioner attained majority on 28.4.2004. She acquired the training qualification (TTC) on 11.2005. The petitioner submitted Ext.P2 application dated 1.2006 to the Manager, requesting to appoint her under the Compassionate Employment Scheme. As per Ext.P3 order dated 22.2006, the Assistant Educational Officer directed the Manager to consider the claim for compassionate employment put forward by the petitioner in the next arising vacancy in the School. As per Ext.P4 order dated8.2006, the Manager rejected the application submitted by the petitioner. The reasons for rejection of the application are the following:

(a) Thescheme was not in force at the time of death of Balan;

(b) morethan twelve years elapsed after the death of Balan and, therefore, the application is not maintainable; and

(c) there is no vacancy in the School during the academic year 2006-07.

1. 3. It is stated that a vacancy of Assistant Teacher arose in the School on 6.2007 and the Manager appointed one Mymoonath, who as impleaded as additional sixth respondent in W.P.(C)No.35551 of 2007. Rule 51B of Chapter XIVA of the Kerala Education Rules provides that the Manager shall give employment to a dependent of an aided school teacher dying in harness. Government Orders relating to employment assistance to dependents of Government servants dying in harness shall mutatis mundantis apply in the matter of suchappointments.

4. TheCompassionate Employment Scheme was originally introduced as per the Government Order dated 21.1970. As per G.O. (P)7/95/P&ARD dated 30.3.1995, the Scheme was liberalized. Thereafter, Government Orders were issued on 210.1995, 23.1996, 10.7.1996, 211.1996, 12.1997 and 1.1998 and changes were brought out in the Scheme. Clause 19 of the Scheme (G.O.(P) 12/99/P&ARD dated 25.1999) reads as follows:

"19. The time limit for preferring applications under the scheme will be 2 years from the date of death of Govt. servants. In the case of minor, the period will be within 3 years after attaining majority."

2. 5. The reason stated by the Manager while rejecting the application that on the date of death of the employee, the Scheme was not in force and, therefore, the application for compassionate employment is not maintainable, is without substance. In Narayanan v. State of Kerala (1998 (2) KLT 446), it was held that the contention that the benefit could be extended to the dependents of only those persons who died in harness subsequent to the introduction of Rule 51B cannot be accepted. No time limit is fixed in the Kerala Education Act and the Rules for the purpose of filing an application for compassionate employment under Rule 51B. Even though the death of the employee was before coming into force of Rule 51B, that would not preclude the dependents from claiming employment assistance, invoking Rule 51B of Chapter XIVA of the Kerala Education rules. In Sajeesh Babu v. State (1996 (2) KLT 542), it was held that Rule 51B does not contemplate any time limit and that the Manager cannot avoid his liability arising out of Rule 51B stating that six years have el