Kerala High Court
Archanamol A.T vs The State Of Kerala on 13 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:21269
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 20751 OF 2022
PETITIONER:
THE MANAGER
V.V HIGHER SECONDARY SCHOOL,
THAMARAKULAM, CHARUMMOOD P.O.,
ALAPPUZHA - 690 505.
BY ADVS.
K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
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3 THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA CIVIL STATION,
ALAPPUZHA - 688 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA, OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT
PIN - 690 101.
5 SMT. ARCHANAMOL A.T.,
AGED 36 YEARS
UPPER PRIMARY SCHOOL TEACHER (UPST),
V V HIGHER SECONDARY SCHOOL, THAMARAKULAM,
CHARUMMOOD P.O., ALAPPUZHA - 690 505.
6 SMT. S. SREELEKSHMI,
PULITHITTA, VEDARAPLAVU,
CHARUMMOODU P.O., ALAPPUZHA - 690 505.
BY ADVS.
SMT.ANIMA M, GOVERNMENT PLEADER
SRI.V.A.MUHAMMED
SRI.R.RAJASEKHARAN PILLAI
SRI.M.SAJJAD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.03.2025, ALONG WITH WP(C).42611/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.20751 of 2022
and connected cases
2025:KER:21269
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 21203 OF 2022
PETITIONER:
ARCHANAMOL A.T
AGED 38 YEARS, W/O.SREEJITH T T,
UPPER PRIMARY SCHOOL TEACHER,
V V HIGHER SECONDARY SCHOOL, THAMARAKULAM,
CHARUMMOODU, ALAPPUZHA DISTRICT-690 505.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX II,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, ALAPPUZHA - 688 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA, ALAPPUZHA DISTRICT - 690 101.
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5 THE MANAGER,
V V HIGHER SECONDARY SCHOOL,
THAMARAKULAM, CHARUMMOODU,
ALAPPUZHA DISTRICT - 690 505.
6 THE PRINCIPAL,
V V HIGHER SECONDARY SCHOOL,
THAMARAKULAM, CHARUMMOODU,
ALAPPUZHA DISTRICT - 690 505
7 SMT. S. SREELEKSHMI,
PULITHITTA, VEDARAPLAVU,
CHARUMMOODU, ALAPPUZHA DISTRICT
PIN - 690 505.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.R.RAJASEKHARAN PILLAI
SRI.M.U.VIJAYALAKSHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.03.2025, ALONG WITH WP(C).42611/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.20751 of 2022
and connected cases
2025:KER:21269
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 35077 OF 2022
PETITIONER:
ARCHANAMOL A T
AGED 38 YEARS, W/O.SREEJITH T.T,
UPPER PRIMARY SCHOOL TEACHER,
V V HIGHER SECONDARY SCHOOL,
THAMARAKULAM, CHARUMMOODU-690 505,
ALAPPUZHA DISTRICT (RESIDING AT THAIVILAYIL
CHARUMMOOD P.O., ALAPPUZA - 690 605).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, ALAPPUZHA-688 001.
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4 THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA, ALAPPUZHA DISTRICT-690 101.
5 THE MANAGER,
V V HIGHER SECONDARY SCHOOL, THAMARAKULAM,
CHARUMMOODU-690 505, ALAPPUZHA DISTRICT.
6 THE HEADMASTER,
V V HIGHER SECONDARY SCHOOL, THAMARAKULAM,
CHARUMMOODU-690 505, ALAPPUZHA DISTRICT.
7 SMT. S. SREELEKSHMI,
PULITHITTA, VEDARAPLAVU, CHARUMMOODU-690 505,
ALAPPUZHA DISTRICT.
BY ADVS.
SMT.VIJAYALAKSHMI M U
SRI.R RAJASEKHARAN PILLAI
SRI.K.JAJU BABU (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.03.2025, ALONG WITH WP(C).42611/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.20751 of 2022
and connected cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 39307 OF 2022
PETITIONER:
THE MANAGER
V.V. HIGHER SECONDARY SCHOOL,
THAMARAKULAM, CHARUMMOOD P.O.,
ALAPPUZHA- 690 505.
BY ADVS.
K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA, CIVIL STATION,
ALAPPUZHA - 688 001.
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4 THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA, OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, MAVELIKKARA, ALAPPUZHA- 690 101.
5 SMT.ARCHANAMOL A.T.,
AGED 36 YEARS, UPPER PRIMARY SCHOOL TEACHER
(UPST), V.V. HIGHER SECONDARY SCHOOL,
THAMARAKULAM, CHARUMMOOD P.O.,
ALAPPUZHA - 690 505.
6 SMT.S. SREELEKSHMI,
PULITHITTA, VEDARAPLAVU,
CHARUMMOODU P.O.,
ALAPPUZHA - 690 505.
BY ADVS.
SMT.ANIMA M, GOVERNMENT PLEADER
SRI.SAJJAD M
SRI.R RAJASEKHARAN PILLAI
SRI.V.A.MUHAMMED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.03.2025, ALONG WITH WP(C).42611/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.20751 of 2022
and connected cases
2025:KER:21269
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 42611 OF 2024
PETITIONERS:
1 THE MANAGER,
V.V. HIGHER SECONDARY SCHOOL
THAMARAKKULAM,
CHARAMMOOD PO,
ALAPPUZHA,
PIN - 690505.
2 PRIYA PILLAI,
AGED 39 YEARS
UPPER PRIMARY SCHOOL TEACHER (UPST)
V.V. HIGHER SECONDARY SCHOOL,
THAMARAKKULAM,
CHARAMMOOD PO,
ALAPPUZHA,
RESIDING AT
HAREESH BHAVAN,
N.W.THAZHAVA,
KUTHIRAPANTHY PO,
KOLLAM,
PIN - 690523.
BY ADVS.
M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)
BRIJESH MOHAN
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RESPONDENT:
THE DISTRICT EDUCATIONAL OFFICER MAVELIKKARA,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA,
ALAPPUZHA,
PIN - 690101.
BY ADV.
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).20751/2022,
21203/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.20751 of 2022
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JUDGMENT
Dated this the 13th day of March, 2025
[W.P.(C) Nos. 20751, 21203, 35077, 39307 of 2022
and 42611 of 2024]
All these writ petitions relate to issues arising from the
claim of compassionate appointment to the legal heir of a
deceased Teacher in V.V. Higher Secondary School,
Thamarakulam, Alappuzha. The parties and exhibits are
referred to in this judgment as they are described / marked in
W.P.(C) No.39307 of 2022 for convenience.
2. The petitioner in W.P.(C) No.39307 of 2022 is
the Manager of V.V. Higher Secondary School, Thamarakulam,
Alappuzha District. The petitioner states that Sri.N.Sivaraman
Nair, the father of the 6th respondent, while working as Clerk in
the School, passed away on 26.07.1999. At the time of the
demise of Sri.N.Sivaraman Nair, his wife Smt.S.Hymavathi
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Amma was working as Teacher in a Government School. The
wife of the deceased retired from service on 31.03.2006.
3. The son of late Sivaraman Nair attained
majority on 17.12.2005 and the 6th respondent-daughter attained
majority on 17.05.2007. The 6th respondent-daughter submitted
Ext.P1 application dated 10.12.2008 seeking employment
assistance under the Compassionate Appointment Scheme.
While submitting Ext.P1 application, the 6th respondent
possessed only SSLC and Plus Two qualifications and her
application could have been considered only under Rule 9A of
Chapter XXIVA of Kerala Education Rules, as she was not
qualified for any teaching post. The application submitted by the
6th respondent was rejected by the petitioner-Manager as per
Ext.P2 order dated 15.09.2006 for the reason that there is no
non-teaching post available in the School for accommodating
the 6th respondent and a vacancy is not likely to arise in the
ensuing ten years.
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4. The petitioner states that the 6 th respondent
did not challenge Ext.P2 order of rejection. Later, three years,
after acquiring B.A and B.Ed., the 6th respondent submitted a
fresh application for appointment in teaching post reiterating
claim under Rule 51B of Chapter XIVA of Kerala Education
Rules. The said application of the petitioner was rejected by the
petitioner as per Ext.P3 letter dated 22.02.2013. Ext.P3 letter
was communicated to the petitioner by the District Educational
Officer also, as per Ext.P4.
5. The petitioner states that the 6 th respondent
filed third application again claiming compassionate
appointment, on 04.08.2018. To the surprise and predicament
of the petitioner, the District Education Officer passed Ext.P6
order dated 16.02.2019 directing to grant appointment on
compassionate grounds to the petitioner under Rule 51B of
Chapter XIVA of KER.
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6. Aggrieved by Ext.P6 order, the petitioner filed
Appeal before the Additional Director of General Education on
07.11.2019. The Additional Director General of Education
observed that even in Government Services, the applicants for
compassionate appointment are granted time to cure defects
and to acquire qualification. There is no system of rejecting the
application for compassionate appointment unilaterally.
According to the provisions of the KER, applicants under Rule
51B have a preferential right over other fresh appointments.
The Additional Director of General Education further observed
that it is not proper to reject an application for compassionate
appointment stating that there is no vacancy and later holding
that the claim is barred by limitation. The Additional Director
General of Education also observed that it is not proper to bring
up new reasons for declining appointment at the appellate
stage. The 6th respondent is entitled to appointment in the
teaching and non-teaching vacancies that are arising in the
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School. With these observations, the Additional Director of
General Education dismissed the Appeal filed by the petitioner.
7. Aggrieved by Exts.P6 and P7, the petitioner
filed Ext.P8 memorandum of Revision Petition before the
Government invoking Rule 92 of Chapter XIVA of KER. The 1 st
respondent also rejected the Revision Petition as per Ext.P11
order dated 12.10.2022. In Ext.P11 order, the 1st respondent
noted that the application for compassionate appointment was
submitted by the 6th respondent within the period prescribed
under paragraph 9 of G.O.(P) No.12/99/P&ARD dated
24.05.1999. As per paragraph 20 of the said Government
Order, if vacancies are not available in the opted categories, the
candidate can be appointed in any of the sub-ordinate service.
An application cannot be rejected on the ground that there is no
vacancy. The Government Orders relating to the compassionate
appointments in Government Service should be applied in the
cases of Aided Schools also. On all these premises, the
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Revision Petition was dismissed as per Ext.P11 order dated
12.10.2022.
8. W.P.(C) No.20751 of 2022 has been filed by
the Manager challenging Exts.P11, P13, P15, P17 and P20
orders therein and seeking to declare that in view of Exts.P2, P5
and P6 which have attained finality, Ext.P8 belated application
made by the 6th respondent claiming compassionate
appointment is not liable to be entertained and accepted at all.
9. W.P.(C) No.35077 of 2022 has been filed by
the 5th respondent in W.P.(C) No.39307 of 2022 seeking to
direct the 4th respondent-District Educational Officer to approve
the appointment covered by Ext.P1 and disburse the attendant
benefits forthwith. Ext.P1 is an order by which the Manager has
appointed the 5th respondent as UPST from 02.07.2018
onwards.
10. W.P.(C) No.42611 of 2024 has been filed by
the Manager seeking to direct the respondents to grant approval
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for appointment of the 5th respondent in accordance with law
and to grant her all consequential service benefits. All these
writ petitions are intrinsically connected to the issue involved in
W.P.(C) No.39307 of 2022.
11. The District Educational Officer filed counter
affidavit in W.P.(C) No.39307 of 2022. The District Educational
Officer stated that the application submitted by the 6 th
respondent was rejected by the Manager on 15.09.2009 for the
reason that the application is barred by limitation and also that
there is no vacancy in the teaching category and it is not likely
to occur during the next 10 years or more. A perusal of the
application submitted by the 6th respondent would show that the
reason of higher income was not pursued by the Manager by
rejecting her first application on 10.12.2008 though Income
Certificate dated 28.11.2008 was submitted along with the first
application. The 4th respondent submitted that if the application
for compassionate appointment was considered once and
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rejected, the right for employment assistance is not lost and the
claim can be considered against the subsequent vacancies.
12. The 6th respondent resisted the writ petition
filing counter affidavit. The 6th respondent stated that within
three years of attaining majority, on 10.12.2008, she submitted
an application for compassionate appointment in the prescribed
format. The application was accompanied by all necessary
documents. The application was rejected by the Manager
holding that he has not received any communication nominating
the 6th respondent for employment under the Scheme and the
application is barred by limitation. It was also stated that there
is no vacancy in non-teaching category and a vacancy is not
likely to occur in the next 10 years or more.
13. The 6th respondent stated that she had made
application for compassionate appointment within three years of
attaining majority. The Hon'ble Apex Court in Shreejith v.
Deputy Director of Education [(2012) 7 SCC 248] has held
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that whether or not vacancy is available or not, it has nothing to
do with the making of the application itself. An application
indeed ought to have been made within the time stipulated,
regardless whether there was a vacancy already available or
likely to become available in the near or distant future.
Therefore, the application submitted by the petitioner is strictly
within the limitation period.
14. The 6th respondent submitted that in the
meanwhile she pursued her academic career and passed BA in
English Literature and had obtained B.Ed Degree also, entitling
her to be appointed as HSST / UPST, whichever vacancies was
to arise in the petitioner's School. The 6th respondent, therefore,
submitted a further application for compassionate appointment.
Rule 9A of Chapter XXIVA of KER does not restrict the
compassionate appointment of a non-teaching staff to non-
teaching post alone. What is provided in the Rule is that a
dependent of a deceased employee shall be given employment
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in the School.
15. The 6th respondent pointed out that all the four
statutory authorities including the Government have found that
the 6th respondent has a preferential claim under Rule 9A of
Chapter XXIVA of KER. The Manager cannot now turn around
and decline the preferential claim of the 6 th respondent. In fact
the 3rd respondent has initiated disciplinary action against the
petitioner and the petitioner has taken refuge under the
pendency of this writ petition. In the circumstances, Exts.P6, P7
or P11 are not liable to be interfered with all or any of the
grounds urged in the writ petition, urged the 6th respondent.
16. I have heard the learned counsel for the
petitioners and the learned counsel representing the 6th
respondent in W.P.(C) No. 39307 of 2022. I have also heard the
learned Government Pleader appearing for the State of Kerala.
17. The father of the 6th respondent, who was
working as a Clerk in the School passed away on 26.07.1999.
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At that time the mother of the 6th respondent was a Teacher in a
Government School. She retired from service nearly after seven
years of the demise of the father of the 6 th respondent, on
31.03.2006. The 6th respondent, who was a minor at the time of
the demise of her father, attained majority and submitted Ext.P1
application dated 10.12.2008 for compassionate appointment.
The application was rejected by the Manager holding that no
non-teaching post is available in the School as of now and is not
likely to arise in the next 10 years.
18. Though the application was rejected, the 6 th
respondent submitted a fresh application on 04.06.2012 for
appointment on compassionate ground. By the time, the 6 th
respondent had obtained BA and B.Ed Degrees and applied for
appointment in a teaching post. The said application was
rejected by the Manager holding that a second application is not
maintainable. The rejection of the application was
communicated by the District Educational Officer to the 6 th
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respondent as per Ext.P4 communication dated 12.04.2013.
19. The 6th respondent again submitted a third
application on 04.08.2018. At this stage, on that application, the
District Educational Officer passed Ext.P6 order directing the
Manager to grant compassionate appointment to the 6 th
respondent under Rule 51B of Chapter XIVA of KER. The
petitioner's appeal was rejected by Ext.P7 order dated
26.07.2021 of the Director of General Education. The Revision
Petition filed by the petitioner was rejected as per Ext.P11 order
12.10.2022 of the 1st respondent.
20. The demise of the father of the 6th respondent
was in the year 1999. The purpose of grant of compassionate
appointment is to help the family to come out of the immediate
financial difficulties arising out of the loss of life of the
breadwinner of the family. The compassionate appointment is
not a vested right. No one can claim a compassionate
appointment on the occurrence of death of medical
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incapacitation of an employee disregarding the financial
condition of the family. Here, the mother of the 6th respondent
was a Teacher in a Government School at the time of the
demise of the father of the 6th respondent.
21. At the time of consideration of the first
application of the 6th respondent, there was no vacancy of non-
teaching staff in the School. It was for that reason the
application was rejected as per Ext.P1 order dated 10.12.2008.
The District Educational Officer passed Ext.P6 order dated
16.02.2019, directing the petitioner to grant compassionate
appointment to the 6th respondent. The District Educational
Officer noted that the brother of the 6 th respondent has given his
No Objection for appointment of the 6th respondent under the
compassionate appointment Scheme. The District Educational
Officer held that the 6th respondent has complied with all the
conditions for appointment on compassionate grounds. It is on
these reasons that Ext.P6 order has been passed.
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22. It is to be noted that the father of the 6 th
respondent passed away early on 26.07.1999. The first
application for compassionate appointment was made after a
period of nine years. At that time, the 6 th respondent had only
SSLC and Plus Two qualification. There were no post available
for accommodating the 6th respondent on compassionate
grounds. It is in such circumstances that the Manager has
rejected the application on 15.09.2009.
23. After more than six years, a second application
was filed by the 6th respondent after obtaining BA and B.Ed
Degrees. The said application was also rejected on
22.02.2013. It is the District Educational Officer who himself has
communicated this decision. There was no challenge to the
rejection of applications of the 6th respondent which were
rejected on 15.09.2006 and 22.02.2013. Without challenging
those rejections, the 6th respondent has submitted a third
application on 04.08.2018, which is more than 19 years after the
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demise of the father of the 6 th respondent. It is the application
which has been submitted after 19 years of the death of the
father of the 6th respondent, which was allowed, directing the
Manager to appoint the 6th respondent on compassionate
ground.
24. The Honourable Apex Court in the judgment in
Canara Bank v. Ajithkumar G.K. (Civil Appeal No.255 of 2025)
has held that an appointment of compassionate ground made
many years after the death/incapacitation of the employee or
without due consideration of the financial resources available to
the dependent of the deceased employee would be directly in
conflict with Articles 14 and 16 of the Constitution of India.
Financial condition of the family of the deceased employee
allegedly in distress or penury, has to be evaluated or else the
object of the scheme would stand defeated inasmuch as in such
an eventuality, every dependent of an employee dying-in-
harness would claim employment as if public employment is
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heritable.
25. In the present case, it is to be noted that at the
time of demise of the father of the 6 th respondent, the mother of
the 6th respondent was employed as a Teacher in a Government
School. It is submitted by the respondents that the petitioner's
brother was working and was drawing salary of more than
Rs.90,000/- per month. Considering the afore aspects, I find
that the Educational Authorities were not justified in directing the
petitioner to grant appointment to the 6 th respondent after expiry
of more than 19 years from the death.
26. W.P.(C) No.39307 of 2022 is therefore
allowed. Ext.P11 order is quashed. Exts.P11, P13, P15, P17
and P20 orders in W.P.(C) No.20751 of 2022 will also stand
quashed.
27. W.P.(C) No.21203 of 2022 and W.P.(C)
No.35077 of 2022 are disposed of directing the District
Educational Officer to consider approval of the appointment of
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the petitioner therein as UPST for the period from 02.07.2018 to
31.01.2024 and to grant consequential benefits, if it is found that
the petitioner is otherwise eligible for approval.
28. W.P.(C) No.42611 of 2024 is disposed of
directing the respondent to grant approval to the appointment of
the 2nd petitioner as evidenced by Ext.P2, if the 2 nd respondent
is otherwise eligible for approval.
The writ petitions are disposed of as above.
Sd/-
N. NAGARESH
JUDGE
ams/SR/bpr
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APPENDIX OF WP(C) 20751/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 6TH RESPONDENT ON 10.12.2008
BEFORE THE PETITIONER.
Exhibit P2 TRUE COPY OF THE REPLY DATED 15.09.2009
ISSUED BY THE THEN MANAGER PETITIONER
TO THE 6TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 6TH RESPONDENT ON 4.6.2012 TO
THE PETITIONER.
Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER DATED
24.05.1999. VIDE. G.O.(P) NO. 12/99/
P&ARD.
Exhibit P5 TRUE COPY OF THE REPLY NO. 7/2013 DATED
22.02.2013 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
12.04.2013 TO THE 6TH RESPONDENT BY THE
4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE INTIMATION DATED
1.6.2016 FROM THE HEADMISTRESS VVHSS,
TO THE 6TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE APPLICATION DATED
4.8.2018 FROM THE 6TH RESPONDENT TO THE
4TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED
13.8.2018 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER..
Exhibit P10 TRUE COPY OF THE REPLY DATED 25.9.2018
and connected cases
2025:KER:21269
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED
24.10.2018 OF THE 4TH RESPONDENT TO THE
PETITIONER.
Exhibit P12 TRUE COPY OF THE APPEAL DATED
24.10.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P13 TRUE COPY OF THE ORDER NO.
B3/23883/2018/A.T./DD.(E) DATED
16.2.2019 ISSUED BY THE 3RD RESPONDENT.
Exhibit P14 TRUE COPY OF THE REVISION PETITION
DATED 7.11.2019 SUBMITTED BY THE
PETITIONER BEFORE THE DIRECTOR OF
PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM
(2ND RESPONDENT),
Exhibit P15 TRUE COPY OF THE EC1/11291/2019/DGE
DATED 26.7.2021 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P16 TRUE COPY OF THE REVISION PETITION
DATED 25.10.2021 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P17 TRUE COPY OF THE NOTICE DATED
28.12.2021 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P18 TRUE COPY OF THE REPLY DATED 11.1.2022
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT.
Exhibit P19 TRUE COPY OF THE JUDGMENT DATED
18.1.2022 IN WRIT PETITION NO.
1690/2022 OF THIS HON'BLE COURT.
and connected cases
2025:KER:21269
Exhibit P20 TRUE COPY OF THE GOVERNMENT ORDER VIDE
NO. G.O(RT) NO. 2959/2022/GEDN DATED
13.5.2022.
RESPONDENTS' EXHIBITS
Exhibit R6-A A TRUE COPY OF THE INCOME CERTIFICATE
OF THE 6TH RESPONDENT ISSUED BY THE
VILLAGE OFFICER, THAMARAKULAM ISSUED TO
THE 6TH RESPONDENT.
Exhibit R5(a) TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 23.03.2022 OF THE 5TH RESPONDENT.
Exhibit R-5 (a) TRUE COPY OF THE MEDICAL CERTIFICATE OF
THE ARCHANAMOL. A.T VIDE NO.MRL.1041/22
DATED 23.03.2022 ISSUED BY THE
SUPERINTENDENT, GOVERNMENT TALUK
HOSPITAL, KAYAMKULAM
Exhibit R-5 (b) TRUE COPY OF THE JUDGMENT IN CIVIL
APPEAL NO.6958/2022 DATED 30.09.2022
and connected cases
2025:KER:21269
APPENDIX OF WP(C) 21203/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 02-07-2018
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF
SRI. R. MANU CHANDRAN DATED 02.07.2018
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P3 TRUE COPY OF THE LETTER NO. B5/4343/
18/K.DIS. DATED 06.12.2018 OF THE DEO,
MAVELIKKARA ADDRESSING THE MANAGER
Exhibit P4 TRUE COPY OF THE ORDER NO. B3/1819/
2019/K.DIS/DDE DATED 07.06.2019 OF THE
DDE, ALAPPUZHA
Exhibit P5 TRUE COPY OF THE ORDER NO. EC1/9966/
2020/DGE DATED 11.08.2021 OF THE
ADDITIONAL DIRECTOR
Exhibit P6 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE MANAGER BEFORE THE
GOVERNMENT DATED 20.11.2021
Exhibit P7 TRUE COPY OF THE LETTER OF THE
SREELAKSHM S ADDRESSING THE MANAGER
DATED 04.06.2012
Exhibit P7a TRUE COPY OF THE REPLY FURNISHED BY THE
MANAGER VIDE NO. 7/2013 DATED
22.02.2013 TO THE DEO, MAVELIKARA
Exhibit P8 TRUE COPY OF THE LETTER NO.
B5/1036/2013 DATED 12.04.2013 OF THE
DEO, MAVELIKARA ADDRESSING THE
SREELAKSHMI S
Exhibit P9 TRUE COPY OF THE LETTER OF THE MANAGER
and connected cases
2025:KER:21269
ADDRESSING THE DEO, MAVELIKKARA DATED
05.09.2018
Exhibit P10 TRUE COPY OF THE LETTER NO. 12/2018
DATED 25.09.2018 BY THE MANAGER
ADDRESSED TO THE DEO, MAVELIKARA OVER
THE CLAIM OF THE 7TH RESPONDENT
Exhibit P11 TRUE COPY OF THE LETTER NO.
B5/6143/2018/ K.DIS. DATED 24.10.2018
OF THE DEO, MAVELIKKARA ADDRESSING THE
MANAGER
Exhibit P12 TRUE COPY OF THE ORDER NO. B3/23883/
2018/K.DIS./DD(E) DATED 16.02.2019 OF
THE DDE, ALAPPUZHA
Exhibit P13 TRUE COPY OF THE ORDER NO.
EC1/11291/2019/DGE DATED 26.07.2021 OF
THE ADDITIONAL DIRECTOR
Exhibit P14 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE MANAGER BEFORE THE
GOVERNMENT DATED 25.10.2021
Exhibit P15 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 11346/2013-P DATED 01.09.2015
Exhibit P16 TRUE COPY OF THE JUDGMENT IN W.A. NO.
2218/2015 DATED 09.10.2015
Exhibit P17 TRUE COPY OF THE NOTICE NO. B3/316978/
2021 DATED 28.12.2021 OF THE DDE,
ALAPPUZHA
Exhibit P18 TRUE COPY OF THE REPLY OF THE MANAGER
VIDE NO. 02/2022 DATED 11.01.2022
ADDRESSED TO THE DDE, ALAPPUZHA
Exhibit P19 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 1690/2022 DATED 18.01.2022
and connected cases
2025:KER:21269
Exhibit P19(a) TRUE COPY OF THE COVERING LETTER DATED
20.01.2022 SENT BY THE COUNSEL
Exhibit P20 TRUE COPY OF THE G.O(RT) NO.
2959/2022/G.EDN. DATED 13.05.2022
RESPONDENTS' EXHIBITS:
Exhibit R7A TRUE COPY OF GO(RT) NO.5900/2022 DATED
12/10/2022
and connected cases
2025:KER:21269
APPENDIX OF WP(C) 35077/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 02.07.2018.
Exhibit P2 TRUE COPY OF APPOINTMENT ORDER OF THE
SRI. R.MANU CHANDRAN DATED 02.07.2018.
Exhibit P3 TRUE COPY OF THE LETTER NO.
B5/4343/18/K.DIS. DATED 06.12.2018 OF
THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA.
Exhibit P4 TRUE COPY OF THE ORDER NO.
B3/1819/2019/K.DIS/DDE DATED 07.06.2019
OF THE DEPUTY DIRECTOR OF EDUCATIONAL,
ALAPPUZHA.
Exhibit P5 TRUE COPY OF ORDER NO.
EC1/9966/2020/DGE DATED 11.08.2021 OF
THE ADDL. DIRECTOR OF GENERAL
EDUCATION.
Exhibit P6 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE MANAGER BEFORE THE
GOVERNMENT DATED 20.11.2021,
Exhibit P7 TRUE COPY OF G.O(RT) NO.
5900/2022/G.EDN DATED 12.10.2022.
Exhibit P8 TRUE COPY OF THE APPLICATION SUBMITTED
BY SMT. SREELAKSHMI S BEFORE THE
MANAGER DATED 10.12.2008.
Exhibit P9 TRUE COPY OF THE LETTER OF THE MANAGER
ADDRESSING THE SMT. SREELEKSHMI DATED
15.09.2009.
Exhibit P10 TRUE COPY OF THE APPLICATION FORM OF
and connected cases
2025:KER:21269
SMT.SREELEKSHMI S TO THE MANAGER DATED
04.06.2012.
Exhibit P11 TRUE COPY OF THE LETTER NO. 7/2013
DATED 22.02.2013 OF THE MANAGER VVHSS
THAMARAKKULAM ADDRESSING THE DISTRICT
EDUCATIONAL OFFICER, MAVELIKKARA.
Exhibit P12 TRUE COPY LETTER NO.B5.1036/2013 DATED
12.04.2013 OF THE DISTRICT EDUCATIONAL
OFFICER, MAVELIKKARA ADDRESSING THE
SMT.SREELEKSHMI S.
Exhibit P13 TRUE COPY OF THE LETTER OF THE
SMT.S.SREELEKSHMI TO THE DISTRICT
EDUCATIONAL OFFICER, MAVELIKKARA DATED
22.04.2013.
Exhibit P14 TRUE COPY OF THE ORDER NO.
F.31011/2021-22/KVS RO (EKM)/ 3094
DATED 28.02.2022 OF THE KENDRIYA
VIDYALAYA SANGATHAN REGIONAL OFFICE,
ERNAKULAM.
Exhibit P15 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
3237/2012 DATED 21.10.2016.
Exhibit P16 TRUE COPY OF THE JUDGMENT OF THE APEX
COURT IN CIVIL APPEAL NO. 6958/2022
DATED 30.09.2022.
Exhibit P17 TRUE COPY OF THE LETTER NO.
B5/6143/2018/ L.DIS. DATED 24.10.2018
OF THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA,
Exhibit P18 TRUE COPY OF THE ORDER NO. B3/23883/
2018/K.DIS./DD(E) DATED 16.02.2019 OF
THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA.
and connected cases
2025:KER:21269
Exhibit P19 TRUE COPY OF THE ORDER NO.
EC1/11291/2019/DGE DATED 26.07.2021 OF
THE DIRECTOR OF GENERAL EDUCATION.
Exhibit P20 TRUE COPY OF THE G.O(RT) NO. 2959/2022
G.EDN DATED 13.05.2022.
Exhibit P21 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
21203 OF 2022 DATED 29.06.2022.
Exhibit P22 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 11346/2013 DATED 01.09.2015.
Exhibit P23 TRUE COPY OF THE JUDGMENT IN W.A. NO.
2218/2015 DATED 09.10.2015.
Exhibit P24 TRUE COPY OF THE DISABILITY CERTIFICATE
OF THE PETITIONER NO. MRL 1041/22 DATED
23.03.2022.
and connected cases
2025:KER:21269
APPENDIX OF WP(C) 39307/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 6TH RESPONDENT ON 10.12.2008 BEFORE
THE PETITIONER
Exhibit P2 TRUE COPY OF THE REPLY DATED 15.09.2009
ISSUED BY THE THEN MANAGER PETITIONER TO
THE 6TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPLY NO.7/2013 DATED
22.02.2013 GIVEN BY THE PETITIONER BEFORE
THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
12.04.2013 FORWARDED BY THE 4TH RESPONDENT
TO THE 6TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED
24.10.2018 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER.
Exhibit P6 TRUE COPY OF THE ORDER
NO.B3/23883/2018/A.T/DD(E) DATED
16.02.2019 ISSUED BY THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER
NO.EC1/11291/2019/DGE DATED 26.07.2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE REVISION PETITION DATED
25.10.2021 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 18.01.2022
IN W.P.(C).NO.1690/2022 OF THIS HON'BLE
COURT.
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER
and connected cases
2025:KER:21269
GO(RT).NO.2959/2022/.G.EDN DATED
13.05.2022.
Exhibit P11 TRUE COPY OF THE GOVERNMENT ORDER
GO(RT).NO.5900/2022/GEDN DATED 12.10.2022
and connected cases
2025:KER:21269
APPENDIX OF WP(C) 42611/2024
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
NO.9/2021 DATED 22.07.2021 FORWARDED BY
THE 1ST PETITIONER TO THE 2ND
PETITIONER
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER
NO.5/2024 DATED 03.06.2024 FORWARDED BY
THE 1ST PETITIONER TO THE 2ND
PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER
NO.B5/733222/2024 DATED 13.11.2024 OF
THE RESPONDENT REJECTING THE APPROVAL
FOR EXT.P2 APPOINTMENT OF THE 2ND
PETITIONER
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED
27.06.2022 IN W.P.(C).NO.20751/2022 OF
THIS HON'BLE COURT.
