IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 5417 of 2009(V) ------------------------------------- PETITIONER: ------------------- RESMI.K., D/O.LATE V.L.SAROJINI AMMA, PONNASSERRIL HOUSE MUTHUKULAM PO, ALAPPUZHA DISTRICT. BY DR.K.P.KYLASANATHA PILLAY, SENIOR ADVOCATE, ADVS.SMT.V.J.SAFEENA, SMT.SHALEENA RAJAN, SMT.SREEDEVI KYLASANATH. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 4. THE MANAGER, N.S.S. H.S, PULLIKKANATTU, KAYAMKULAM, ALAPPUZHA. *ADDL.R5 IMPLEADED: 5. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. *IS SUO MOTU IMPLEADED AS PER ORDER DTD. 13/10/09. R1 TO R3 & R5 BY GOVERNMENT PLEADER SMT. SREELATHA, R4 BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5417/2009-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(MS).NO.15/97/G. EDU. DTD. 16/01/1997. EXT.P.1.A: COPY OF THE GOVERNMENT ORDER G.O.(P).NO.12/99/P&ARD DT. 24/05/1999 DEALING WITH THE SCHEME FOR COMPASSIONATE APPOINTMENT OF THE DEPENDENTS OF GOVERNMENT SERVANTS WHO DIE IN HARNESS. EXT.P.2: COPY OF THE DEATH CERTIFICATE OF PETITIONER'S MOTHER. EXT.P.3: COPY OF THE RELEVANT PART OF S.S.L.C. BOOK TO PROVE DATE OF BIRTH OF PETITIONER. EXT.P.4 AND P.4.A: COPIES OF DEGREE CERTIFICATE ISSUED BY UNIVERSITY OF KERALA ON 30/12/2003 AND COPY OF THE B.ED. CERTIFICATE IN PHYSICAL SCIENCE. EXT.P.5: COPY OF THE APPLICATION FOR COMPASSIONATE APPOINTMENT DTD. 30/04/2004. EXT.P.5.A: COPY OF THE REPRESENTATION DTD. 30/04/2004 TO R.4. REQUESTING TO CONSIDER PETITIONER'S CLAIM FOR APPOINTMENT WHEN SUITABLE VACANCY ARISES. EXT.P.5.B: COPY OF THE LETTER DTD. 30/04/2004 ADDRESSED TO THE DISTRICT EDUCATION OFFICER. EXT.P.6: COPY OF THE CERTIFICATE SHOWING THE FAMILY INCOME OF RS.38,576/-. EXT.P.7: COPY OF THE COMMUNICATION DTD. 07/05/04 OF DISTRICT EDUCATION OFFICER TO R.4. EXT.P.8: COPY OF THE COMMUNICATION DTD. 08/05/2004 OF R.4. TO THE PETITIONER. EXT.P.9: COPY OF THE LETTER DTD. 31/05/2004 OF PETITIONER TO R.4. EXT.P.10: COPY OF THE REPRESENTATION DTD. 01/06/2006 SUBMITTED BY PETITIONER. EXT.P.10.A: COPY OF THE REPRESENTATION DTD. 02/07/2007 SUBMITTED BY PETITIONER. EXT.P.10.A AND P.10.C: COPIES OF REPRESENTATION DTD. 26/05/2008 AND 12/01/2009 SUBMITTED BY PETITIONER TO R.4. EXT.P.11: COPY OF THE 3RD RESPONDENT'S LETTER DTD. 23/01/2009 TO R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5417 of 2009-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009. JUDGMENT In this writ petition, the petitioner seeks for a direction to the Manager to appoint her in terms of the claim for appointment under the dying in harness scheme and as directed by the District Educational Officer in Ext.P11. 2. Heard learned counsel for the petitioner and learned counsel appearing for the Manager. It is submitted by the learned counsel for the Manager that against Ext.P11 order, the Manager has filed an appeal before the Deputy Director of Education on 25.2.2009. The said appeal has already been heard on 6.8.2009, but an order is yet to be passed presumably because of the pendency of this writ petition. 3. Since Ext.P11 is now under appeal before the Deputy Director of Education, it is only appropriate that the appeal is disposed of finally after hearing all the necessary parties. Therefore, there will be a direction to the Deputy Director of Education, Alappuzha who is suo motu impleaded as additional 5th respondent, to hear the parties including the petitioner herein and the Manager afresh and pass appropriate orders, within a period of two wpc 5417/2009 2 months from the date of production of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/