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HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, – Appellant
Versus
THE STATE OF KERALA, – Respondent
WP(C)/26192/2021
Compassionate Employment - Appointment Rights - KER - 51B - The court ruled that Rule 51B provides entitlement for compassionate appointments for dependents of deceased employees, applicable to vacancies arising post-implementation of the rule, affirming statutory rights despite the time elapsed since the death of the employee.
Fact of the Case:
The petitioner sought appointment under the Compassionate Employment Scheme after her mother's death while in service. The legal battle involved her elder sister's earlier claims and the Manager's non-compliance with court orders regarding their statutory rights under KER Rule 51B, resulting in ongoing disputes over vacancies.
Issues: Whether the petitioner is entitled to appointment under Rule 51B given her mother's prior death and the Manager's subsequent non-compliance with prior court orders.
Ratio Decidendi: The court concluded that Rule 51B's applicability to vacancies is prospective, allowing dependents of deceased employees to claim such roles for positions arising after the rule's enactment, regardless of the lapse in time since the employee's death.
Final Decision: The court ordered the Manager to appoint the petitioner in the first available vacancy post-01.10.2007.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TH THURSDAY, THE 20 DAY OF OCTOBER 2022 / 28TH ASWINA, 1944 WP(C) NO. 17999 OF 2021 PETITIONER/S:
RESHMI R.CHANDRAN, NALAYYATHU HOUSE, MUTHUKATTUKARA, NOORANAD P.O, ALAPPUZHA DISTRICT, PIN-690 504.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K.
ABHIRAMI K. UDAY KURUVILLA SABU CHRISTY RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN-695 014.
3 DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA, PIN-688 001.
4 DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN-690 101.
5 MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, CHATHIYARA, THAMARAKULAM, ALAPPUZHA DISTRICT, PIN-690 530.
BY ADVS.
V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR NITHEESH.M SMT.ANIMA, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).26192/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TH THURSDAY, THE 20 DAY OF OCTOBER 2022 / 28TH ASWINA, 1944 WP(C) NO. 26192 OF 2021 PETITIONER/S:
MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, CHATHIYARA, THAMARAKULAM P.O, ALAPPUZHA DISTRICT, PIN 690 530.
BY ADVS.
V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR NITHEESH.M RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM DISTRICT, PIN 695 014.
3 THE REGIONAL DEPUTY DIRECTOR OF GENERAL EDUCATION, CHENGANNUR, ALAPPUZHA DISTRICT, PIN 689 121.
4 THE DISTRICT EDUCATION OFFICER, MAVELIKARA, ALAPPUZHA DISTRICT, PIN 690 101.
5 RESMI R. CHANDRAN, AGED 32 YEARS D/O. R. REMADEVI AMMA, NALAYATHU HOUSE, MUTHUKATTUKARA, NOORANADU P.O, MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN 690 504.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K.
ABHIRAMI K. UDAY KURUVILLA SABU CHRISTY SRI.JIBU T.S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2022, ALONG WITH WP(C).17999/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
“CR”
JUDGMENT
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:
a) Smt.R.Remadevi Amma, the mother of Reshmi R Chandran, the petitioner in W.P.(C) No.17999 of 2021, while working as HSA in the VHSS Chathiyara, managed by the 5th respondent, died in harness on 29.01.1989. Remya R. Chandran and the petitioner herein are her children.
b) Remya, the elder daughter, claiming that she is qualified to be appointed as Clerk/ Peon/ Attender/ Full-Time Menial in the aided schools under the compassionate employment sch
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