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RAJA VIJAYARAGHAVAN V.
RESHMI R. CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
1. W.P. (C) No. 17999/2021 is filed by Smt. Reshmi R Chandran seeking a declaration that she is entitled to be appointed in the first vacancy that has arisen in the Vocational Higher Secondary School, Chathiyara, in the posts to which she is qualified in view of the declarations made by this Court and the consequent orders issued by the Government. She has also sought for issuance of directions to the official respondents to initiate action against the Manager in terms of the KER for non-complying with the directions.
2. W.P. (C) No. 26192 of 2021 is filed by the Manager, seeking to quash the orders issued by the educational authorities directing the Manager to appoint Resmi R. Chandran in view of her statutory right under Rule 51B of the KER to the next arising vacancy.
3. Since common issues are involved, both these cases are taken up and disposed of by a common judgment.
4. Brief facts are as outlined below:
Employment - Rule 51B was introduced in statute book - After the introduction of said Rule, a liability is cast on Managers to give employment to a dependent of an Aided School teacher or a member of....
Dependents of deceased employees are entitled to compassionate appointments for vacancies arising post-enactment of relevant rules, affirming their statutory rights despite the time since the employe....
Compassionate appointment claims must be filed within statutory time limits; delays undermine the right to appointment.
Timely application submission is crucial for compassionate appointments; failure to apply within stipulated limits invalidates subsequent claims.
A petitioner is entitled to employment assistance under Rule 51B despite the mother's death occurring prior to the rule's introduction, as affirmed by binding prior judgments.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
Compassionate appointment applications must be submitted within one year of the employee's death, with strict adherence to guidelines to ensure timely relief for families in financial distress.
Compassionate appointment - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
If giving of an application within one year is held to be mandatory and binding on the applicant in terms of Rule 5, so would be sub -Rule (2) of Rule 6 upon the State and its instrumentalities.
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