IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 27528 of 2006(B) -------------------------------- PETITIONER: -------------- REHNA N.P., W/O.UNNIKRISHNAN.E.G., L-4/24 "BINDU", MALAPARAMBA HOUSING COLONY, KOZHIKODE. BY MR.T.G.RAJENDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA, KOZHIKODE. 4. THE MANAGER, VADAKKUMBAD SECONDARY SCHOOL, PALERI, PALERI TOWN P.O., KOZHIKODE. 5. SREELESH, KADUKKAMKUZHIYIL, P.O.PALERI, VIA.KUTTIADI, KOZHIKODE. BY MR.P.C.SASIDHARAN, ADVOCATE, FOR R4. MS.T.B. REMANI, GOVERNMENT PLEADER. MR.SANTHARAM.P, ADVOCATE, FOR R5. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27528/2006 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF M.Sc (MATHS) CERTIFICATE OF PETITIONER ISSUED BY ANNAMALAI UNIVERSITY. EXT. P1(A) : COPY OF B.Ed CERTIFICATE OF PETITIONER ISSUED BY PONDICHERRY UNIVERSITY. EXT. P2 : COPY OF DEATH CERTIFICATE OF E.PANKAJAM, PETITIONER'S MOTHER. EXT. P3 : COPY OF LETTER SENT BY PETITIONER TO R4 DTD. 25.3.05. EXT. P4 : COPY OF APPLICATION FOR APPOINTMENT UNDER DYING IN HARNESS SCHEME SUBMITTED BY PETITIONER BEFORE R4 DTD. 25.3.05. EXT. P5 : COPY OF COMMUNICATION OF R4 DTD. 9.7.05. EXT. P6 : COPY OF ORDER OF R3 DTD. 9.12.05. EXT. P7 : COPY OF NOTICE ISSUED BY R2 DTD. 4.10.06. EXT. P8 : COPY OF ORDER OF R2 DTD. 7.12.06. 4TH RESPONDENT'S EXHIBITS: EXT. R4(a) : COPY OF MEMORANDUM OF APPEAL FILED BY MANAGER OF SCHOOL. EXT. R4(b) : COPY OF APPEAL MEMORANDUM FILED BY MANAGER BEFORE D.P.I. EXT. R4(c) : COPY OF NOTICE OF HEARING FROM OFFICE OF D.P.I. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.27528 OF 2006 --------------------------------------- Dated this the 24th day of August, 2009. J U D G M E N T The petitioner is seeking appointment in the school managed by the 4th respondent under Rule 51-B of Chapter XIV-A of Kerala Education Rules as the dependant of her mother Smt.E.Pankajam who died on 31.12.2004 while working as U.P.S.A. 2. Exhibits P3 and P4 are the application and the covering letter submitted by the petitioner for getting employment assistance. She is having the qualification of M.Sc (Maths) and B.Ed. She was served with Exhibit P5 reply by the 4th respondent stating that her application for employment cannot be considered since she was residing not as a dependant of the deceased and is residing separately with her family. Her appeal was allowed as per Exhibit P6. Exhibit P7 is the notice received by her, issued by the 2nd respondent's office intimating that a hearing is scheduled on 19.10.2006 in respect of the petition filed by the W.P.(C) No.27528/2006 2 4th respondent against Exhibit P6. 3. Heard the learned counsel for the 4th respondent. It is pointed out that Exhibit R4(b) is the appeal filed by the Manager in the matter. Learned Government Pleader on instructions submitted that the Director of Public Instruction has not passed any final orders so far. It is seen that the Director of Public Instruction had heard the matter once. But, due to efflux of time, the matter will have to be heard afresh. Therefore, there will be a direction to the Director of Public Instruction to take a decision of Exhibit R4(b) appeal in accordance with law, after hearing the petitioner and the 4th respondent, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp