IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 27133 of 2006(E) -------------------------------------- PETITIONER(S): ---------------------- ANIL BALAGOPAL, S/O.LATE BALAGOPALAN.K., BALAGOHUL, ARANI, KAVALAPPARA. BY MR.P.RAVINDRAN, SENIOR ADVOCATE RESPONDENT(S): ------------------------- 1. MANAGER, KVR HIGH SCHOOL, SHORNUR. 2. ASSISTANT EDUCATIONAL OFFICER, SHORNUR. 3. DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM. * 4. K.P.SREEJYNARM, C/O.MANAGER, (* CORRECTED) KVR HIGH SCHOOL, SHORNUR. * THE NAME OF 4TH RESPONDENT 'K.P. SREEJYNARM' IS CORRECTED AS 'K.P. SREEKUMAR' AS PER ORDER DATED 10/11/2006 IN I.A.15471/2006. R2 & R3 B Y GOVERNMENT PLEADER MR.P.K. RAVIKRISHNAN R1 BY ADV. MR.K.VINOD CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 27133/2006-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 30/11/2002. EXT.P2: COPY OF THE REPRESENTATION SUBMITTD BY THE PETITIONER TO THE 1ST RESPONDENT DATED 16/01/2006. EXT.P3: COPY OF THE JUDGMENT IN W.P.(C). NO. 2570/2006 DATED 31/01/2006. EXT.P4: COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 22/07/2006. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE APPOINTMENT ORDER OF THE 4TH RESPONDENT. //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27133 of 2006-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2009. JUDGMENT The matter concerns the claim of appointment under Rule 51-B of Chapter XIV-A of the Kerala Educational Rules. The petitioner's late father was a teacher in KVR High School, Shornur. He died in harness while working as HSA, on 9.8.1986. After attaining majority, the petitioner submitted an application for appointment on 21.1.1997. It is submitted by the petitioner that the application was being pursued, but without any result. Ultimately, the petitioner approached the departmental authorities in the matter, but they have rejected the claim by Ext.P4 order dated 22.7.2006. The stand taken in Ext.P4 is that the petitioner's father died on 9.8.1986 and the relevant rule came into force on 30.3.1990. Therefore, the application was rejected stating that since the date of death is before coming into force of Rule 51-B, his application is not entertainable. 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. The 4th respondent is a person who was appointed as a Full Time Menial in the year 2000 and thereafter stands promoted as a Clerk in the year 2006. He is opposing the claim of the petitioner. wpc 27133/2008 2 4. A reading of Ext.P4 shows that the only ground on which the application is rejected, is that the date of death is prior to the coming into force of Rule 51-B. The said aspect was considered by a Division Bench of this court in Writ Appeal No.1621/1998 and connected cases. It was held that the fact that the death of the employee occurred before the introduction of Rule 51-B does not disentitle the dependent from claiming appointment under that rule. What is relevant is the date of occurrence of vacancy. If the occurrence of vacancy is on or after the coming into force of Rule 51-B, the fact that the employee died before such commencement is immaterial. In the light of the above, the view taken in Ext.P4 cannot be sustained. Therefore, Ext.P4 is quashed. The third respondent will reconsider the issue on merits after hearing the petitioner, the 4th respondent and the Manager and pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment. Objections, if any, raised by the contesting respondents will be considered on their merit by the third respondent will passing orders. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/