IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 30988 of 2004(L) -------------------------- PETITIONER(S): ------------------ ANAND.A.S., ARACKAL HOUSE, MADACKATHANAM P.O., KAPPU, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR (EDUCATION), IDUKKI, THODUPUZHA. 3. DISTRICT EDUCATIONAL OFFICER, THODUPUZHA. 4. MANAGER, M.K.N.MEMORIAL HIGHER SECONDARY SCHOOL, KUMARAMANGALAM, VIA, THODUPUZHA, IDUKKI DISTRICT, PIN-685 579. 5. K.R.ANILKUMAR, PEON, M.K.N.MEMORIAL HIGHER SECONDARY SCHOOL, KUMARAMANGALAM, VIA., THODUPUZHA, IDUKKI DISTRICT, PIN-685 579. 6. K.R.GOPALAN NAIR, LABORATORY ASSISTANT, M.K.N. MEMORIAL HIGHER SECONDARY SCHOOL, KUMARAMANGALAM, VIA. THODUPUZHA, IDUKKI DISTRICT, PIN-685 579. ADV. SRI.T.R.HARIKUMAR FOR R5 & R6 SRI.V.G.ARUN FOR R4 GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30988/04 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE APPLICATION FOR EMPLOYMENT UNDER THE COMPASSIONATE EMPLOYMENT SCHEME WAS SUBMITTED BY THE PETITIONER TO THE MANAGER OF MKN MEMORIAL HIGHER SECONDARY SCHOOL. EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 3.5.2001. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DT 2.8.2001. EXT.P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 18.7.2002. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DT 18.7.2002. EXT.P6: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.7.2002. EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT 5.11.2004. EXTS. OF R1 EXT.R1(a): A TRUE COPY OF THE LETTER OF DY.DIRECTOR OF EDUCATION, IDUKKI ISSUED TO THE PETITIONER. EXT.R1(b): A TRUE COPY OF THE GO(P) NO.12/99/P&ARD DT 24.5.1999. EXTS. OF R4 EXT.R4(a): TRUE COPY OF THE REVISION PETITION FILED BY THE 4TH RESPONDENT BEFORE THE GOVERNMENT DATED 2.7.2003. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30988 OF 2004 (L) ===================== Dated this the 25th day of November, 2009 J U D G M E N T Petitioner's father Sri.P.S.Sasidharan Nair was a Drawing Teacher in MKN Memorial Higher Secondary School, Kumaramangalam. On staff fixation, he was found to be an excess hand and was thrown out. Thereupon, he was deployed on protection as Drawing Teacher in the Government Girls Higher Secondary School, Thodupuzha. While continuing so, he expired on 8/8/2000. 2. Claiming employment on compassionate grounds, the petitioner, son of the deceased made an application. That was replied by the Government as per Ext.R1(a) stating that dependant of a deceased teacher working on protection is not eligible for employment on compassionate grounds. Petitioner was advised to move the management of the parent school of the deceased for employment as provided in Rule 51B of Chapter XIVA KER. Accordingly, the petitioner moved the 4th respondent Management, but his claim was not accepted. On the other hand, subsequent vacancies were filled up by appointing respondents 5 WPC 30988/04 :2 : and 6 and their appointments were approved by the Department. However when they were promoted and appointments were made in the consequential vacancies, approval was not granted. It is in these circumstances, the petitioner filed this writ petition praying that he should be appointed either in the Government service or under the 4th respondent. 3. Admittedly, at the time of death, the petitioner's father was working in the Government Girls Higher Secondary School, Thodupuzha on protection. Prior to that, the deceased was working at M.K.N.Memorial Higher Secondary School, Kumaramangalam, where he was rendered excess. On staff fixation, if a person is found to be an excess hand, he is bound to be retrenched. Once retrenched, he cannot thereafter be considered as a member of the staff of the school and except that he retains lien, which may give him preferential claim for future appointment, he has no right whatsoever as against the school. That if a teacher is rendered excess, he cannot thereafter be considered as a member of the staff of the school has been settled by the Full Bench of this Court in Abraham v. State of Kerala (2009(3) KLT 659). Since there is a cessation of employment, as a result of the teacher being identified as an excess hand, his dependants therefore cannot claim WPC 30988/04 :3 : employment under the management , as provided under Rule 51B of Chapter XIVA KER in the Government schools. 4. The further question is whether the dependant of a teacher, who is working on protection in Government school is entitled to be appointed in Government service on compassionate grounds. A reading of GO(MS) No.104/69/G.Edn. Dated 6/3/1969 providing for deployment of protected teachers show that their posting in Government schools is purely on a working arrangement. This therefore means that those working on protection do not become part of the regular staff of the school and do not get that status either. In such a case, the dependant also cannot claim the benefit of compassionate appointment, which right is available only to the dependant of regular teachers. In such circumstances, the irresistible conclusion is that the dependant of a protected teacher is eligible neither in the parent school nor in the school where the teacher is working on deployment. If so, the petitioner's claim for appointment on compassionate grounds cannot be accepted. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp