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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Yadhu Krishnan S/o. Anil B. Kuma – Appellant
Versus
State Of Keral – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
Since a common issue is involved in both these writ petitions, they were heard and disposed of by a common judgment.
W.P.(C) No.9268 of 2022
2. The 5th respondent, the Manager of an aided school appointed the petitioner herein as Full Time Menial in the promotion vacancy of one Smt. G.S. Ambily as per Ext.P1. When the proposal for approval of appointment of the petitioner was forwarded, the same was rejected by the 4th respondent as per Ext.P2 for the reason that the 6th respondent who is having a 51B claim has not been given appointment. Aggrieved by the same the Manager preferred an appeal before the 3rd respondent. The father of the 6th respondent, late K.A.Vijayan, who was working as Physical Education Teacher in the School, died in harness on 29.02.1996. However, his children did not submit an application within time. The 1st respondent has specified time limit of 2 years from the date of death to submit the application and in case of minors, application has to be made within 3 years from the date of attaining majority. The 6th respondent did not submit any application within the prescribed time limit. In fact Ext.P3 application was submitted by the 6th
Compassionate appointment claims must be filed within statutory time limits; delays undermine the right to appointment.
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 appointments must address financial crises timely, with rules in effect at the time of application guiding decisions; administrative delays cannot negate this entitlement.
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.
Consent provided by the claimant for compassionate appointment is binding, and claims raised after a significant delay lack merit.
Compassionate appointment claims must be promptly recognized, focusing on a candidate's legitimate rights based on qualifications and financial necessity, disregarding later-acquired disqualification....
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
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