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2025 Supreme(Ker) 2974

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Mini R.K. W/o. Late Mohanasundaram K.P., – Appellant
Versus
State Of Kerala, Represented By The Secretary, General Education Department – Respondent


Advocates Appeared:
For the Appellant :  SRI.C.P.PEETHAMBARAN SMT.KARTHIKA PEETHAMBARAN SMT.NEERAJA VENUGOPAL SRI.ARJUN J DAS SMT.DIVYA VARGHESE
For the Respondent: SRI.MURALI PALLATH SMT.ANIMA M., GOVERNMENT PLEADER

Table of Content
1. petitioner's dependence on deceased husband and request for compassionate appointment. (Para 1 , 2 , 3 , 4)
2. petitioner's remarriage as a ground for denial of application. (Para 6 , 12 , 15)
3. legal viewpoints regarding the application process and requirements for compassionate appointment. (Para 8 , 18 , 19)
4. distinction between government and aided school statutes on compassionate appointments. (Para 20 , 21 , 24)
5. recognition of statutory rights and justifications for compassionate appointments. (Para 22 , 23 , 25 , 27)

JUDGMENT :

The petitioner, who is a claimant under Rule 51B of Chapter XIVA KER, seeks to direct the respondents to appoint the petitioner in the existing vacancy of Office Attendant in the 5th respondent-School or in any other appropriate post within a time fixed by this Court.

3. The petitioner being a Rule 51B claimant applied for compassionate appointment in the prescribed form, on 18.12.2017. The Manager of the School acknowledged the application and stated that as on that date, there was no suitable vacancy to accommodate the petitioner. The Manager assured that the petitioner's request will be considered as and when vacancy arises.

5. Tho

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