IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16908 of 2008(K) PETITIONER: ------------ BUEN SHIBU R.LAZER, ANTONY BUEN VILLA, VENKADAMPU PO., UCHAKKADA VILA, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.PIRAPPANCODE V.S.SUDHEER RESPONDENTS: 1 -------------- 1. DEPUTY DIRECTOR OF EDUCATION, ARYASALA, CHALA PO., THIRUVANANTHAPURAM 2. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA 3. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL 4. THE CORPORATE MANAGER, LATIN DIOCESE OF NEYYATTINKARA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 16908 OF 2008 K -------------------------------------------- Dated this the 6th June, 2008 JUDGMENT In the manner in which the Writ Petition is being disposed of, I do not think that it is necessary to issue notice to the fourth respondent. Learned Government Pleader takes notice for respondents 1 to 3. 2. It is stated in the Writ Petition that the father of the petitioner died in harness on 14.4.1994, while working as L.P.School Assistant in St.Mary's High School at Kamukinkode under the management of the fourth respondent Corporate Manager. It is stated that the petitioner's mother as well as the petitioner were making representations, Exts.P1 to P5, before the fourth respondent claiming to appoint the petitioner as U.P.School Assistant in any of the aided schools run by the fourth respondent. The grievance of the petitioner is that the Manager has not passed any order on Exts.P1 to P5 representations as well as similar representations, though the Manager is bound to act in accordance with Rule 51B of Chapter XIV-A of the Kerala Education Rules, in case the petitioner is entitled to get appointment. The petitioner submitted Ext.P6 representation dated 3.4.2008 to the Deputy Director of Education complaining that the Manager has not considered his claim for W.P.(C) NO. 16908 OF :: 2 :: appointment under the dying-in-harness scheme. It is prayed in Ext.P6 that necessary directions may be given to the Management for giving employment to the petitioner. It is stated that Ext.P6 is not disposed of by the Deputy Director of Education. 3. The reliefs prayed for in the Writ Petition are the following: “i) declare that the petitioner is entitled to compassionate appointment as language teacher (Hindi) in any of the aided schools run by the 4th respondent Corporate Manager. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to take expeditious steps for appointing the petitioner as Language teacher (Hindi) in any of the aided schools run by the 4th respondent. iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to pass expeditious orders on Ext.P6 and iv) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.” 4. For the time being, the petitioner confines his relief to relief No. (iii). When a grievance is voiced by the petitioner before the Deputy Director of Education that the Manager has not considered the claim of the petitioner for compassionate appointment, it is the duty of the Deputy Director to look into the grievance voiced by the petitioner and take W.P.(C) NO. 16908 OF :: 3 :: appropriate action, if the petitioner is entitled to such compassionate appointment. 5. In the facts and circumstances, there will be a direction to the first respondent, Deputy Director of Education, to dispose of Ext.P6 within a period of two months, after affording an opportunity of being heard to the petitioner as well as to the fourth respondent Manager. Since no notice is issued to the fourth respondent, the petitioner shall send a copy of this judgment to the fourth respondent by registered post and produce proof of the same before the first respondent, within a period of two weeks. The petitioner shall also produce a copy of this Writ Petition before the first respondent for the convenient disposal of Ext.P6 representation. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/