IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 29166 of 2009(M) -------------------------- PETITIONER(S): --------------- C.R.VENU, S/O. M.RADHAKRISHNAN, CHAKKAMPARAMBIL VEEDU, HOUSE NO. 14/892,. PANDIKKUDI ROAD, KOCHI-2 BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRI.BEPIN PAUL RESPONDENT(S): --------------- 1. THE SECRETARY,THRIKKAKARA GRAMA PANCHAYATH, TRIKKAKARA, KAKKANAD PO, ERNAKULAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATHS CIVIL STATION BUILDINGS KAKKANAD PO. 3. ASSISTANT EDUCATIONAL OFFICER, ALUVA ERNAKULAM DISTRICT. 4. THE SECRETARY TO THE LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE SECRETARY TO THE EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.S.SHANAVAS KHAN FOR R1 SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29166/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of November, 2009 J U D G M E N T The petitioner herein is a claimant under Rule 51B of Chapter XIV A K.E.R for appointment under the Compassionate Appointment Scheme in the school managed by the first respondent. 2. It is averred in the writ petition that the petitioner's mother Late Smt.Meena Logini Amma was working as a Teacher in M.A.M.L.P.S Thrikkakkara. She died while in service on 05/03/1996. She had 21 years service as on that date. The deceased mother was the only permanent earning member of the family and she left as legal heirs, her husband, son-the petitioner herein and two daughters. The petitioner had been submitting application for appointment under the relevant Scheme and, ultimately, the Government by Ext.P13 gave a reply stating that the petitioner will have to approach the Panchayat itself for getting the benefit of the Scheme. It is submitted by the learned counsel for the petitioner that the application has been forwarded to the first respondent-Panchayat for appropriate action. 3. Opposing the prayer to appoint the petitioner under the Compassionate Appointment Scheme the first W.P.(C). No.29166/2009 -:2:- respondent has filed a counter affidavit. It is explained that the school in question is only a L.P. School run by the Panchayat. Since the petitioner has not passed S.S.L.C., he can be appointed only in the post of Last Grade Servants. As per Chapter XXIV A Rule 1 of K.E.R there is no post of non-teaching staff in L.P School, and hence the request of the petitioner cannot be considered by the respondent. 4. The learned counsel for the petitioner submitted that a reading of Ext.P4 will show that the Panchayat has forwarded the application to the Government for appropriate orders to grant the benefit of compassionate appointment to the petitioner in any other office under the Panchayat or the State, since there is no vacancy in the school suitable for appointment of the petitioner. It is therefore submitted that while giving reply as per Ext.P13, this aspect has not been considered by the Government. 5. The learned counsel for the petitioner invited my attention to Section 35 of the Kerala Education Act providing power for removal of difficulties. It is provided therein that:- “if any difficulty arises in giving effect to the provisions of this Act, the Government may by order, do anything not inconsistent with such provisions which W.P.(C). No.29166/2009 -:3:- appear to them to be necessary or expedient for the purpose of removing the difficulty.” 6. Going by the decision of this Court in S.N.G.S. High School v. Reji Sagar (2008 (1) KLT 1026) the right of a claimant under R.51B of Chapter XIV-A of the K.E.R, has been reiterated. Therefore, this is a beneficial provision which helps to bring succour to the family of the deceased who was the sole breadwinner. Here, the peculiar situation shows that Panchayat is not having any post in the L.P School in which the petitioner could be accommodated. Being a Lower Primary School, they are not having the posts in the last grade service. This is a situation which warrants appropriate action by the Government itself. Therefore, Ext.P13 is quashed. There will be a direction to the Government to consider Ext.P4 along with Ext.P11 and pass appropriate orders within a period of three months from the date of receipt of a copy of this Judgment. The benefit of granting appointment in any suitable posts will be examined. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms