The lack of infrastructure facilities in a school cannot be cited as a ground for not accepting appointment to a particular place, and the government authorities cannot be held responsible for the unfortunate death of an employee due to natural causes.

JUDGMENT

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a compensation amount of Rs.20,00,000/- with interest 6% per annum jointly and severally for the illegal tortuous act culpable commission or omission misfeasance, malfeasance and nonfeasance committed by the respondents which caused the death of the Headmistress J.Remani, the wife of the first petitioner and mother of the second petitioner.)

1. The present writ petition has been filed seeking mandamus directing the respondents to pay compensation of Rs.20,00,000/- with 6% interest per annum jointly and severally for the illegal tortuous act, culpable commission or omission misfeasance, malfeasance and nonfeasance committed by the respondents which caused the death of the Headmistress J.Remani, the wife of the first petitioner.

2. It is contended in the writ petition that the first petitioner is the husband and the second petitioner is the minor son of one deceased J.Remani. The said J.Remani was working as aHeadmistress in the Government Primary School at Orunooranvayal near Arumanai, Kanyakumari District which was under the control of the seventh respondent herein. While she was working there, she passed away on 13.01.2009. According to the first petitioner, the School is located in the midst of thick forest situated in Western Ghats in a hill village called Orunooranvayal and it is a hostile intimidating hill terrain. The said Remani was residing in Mukkottukkal, Manjalumoodu Post in Arumanai and she has to reach the School by travelling in three buses. Thereafter, she has to walk for 3 kilometers through forest to reach the School. According to the first petitioner, though the Educational authorities were aware of these difficulties, the said authorities have not disclosed the fact that it was a difficult hilly forest.

3. According to the first petitioner though there are various men and women teachers who are young and qualified to be posted, with a malafide intention in order to save them, the first petitioner's wife was posted to the said School. According to the first petitioner, his wife had requested for a transfer on 13.08.2008. However, the said application was not considered and she was made to undergo the ordeal and she passed away on 13.01.2009.

4. The first petitioner had further contended that the School does not have any basic amenities and there was no infrastructure at all and hence, the first petitioner's wife was made to undergo several difficulties being a lady staff. Though the said complaint was brought to the knowledge of the Educational Authorities, they have not taken any steps to rectify the same. In view of the said difficult situation, she had to travel for nearly 40 kilometer every day to reach the School. Hence, her health got deteriorated and she was in medical leave in the month of August and September 2008 for a period of 37 days. Prior to the said Remani, only male teachers were used to be posted as Headmaster in the said School.

5. The entire exercise of the Educational Authorities in placing the writ petitioner's wife in such a difficult terrain and compelling her to continue without considering the request for transfer, has resulted in death of the said Remani. Hence, the writ petitioners have prayed for payment of compensation for a sum of Rs.20,00,000/-.

6. Per contra, the learned counsel for the respondents authorities have filed a counter contending that the first petitioner's wife had died a natural death due to heart attack. The first petitioner's wife had chosen the School on the basis of promotion and on her own willing. No one had compelled her to choose the particular School. According to the learned counsel for the respondents, the said School upgraded as Primary School in the year 2008 -2009. When the first petitioner's wife had sought for medical leave, she was immediately granted leave for a period of 37 days. After her death, death cum