IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 21110 of 2008(K) -------------------------- PETITIONER: ------------ THEJASWINI P.K., D/O.A.MUKUNDAN, AGED 21 YEARS, NO OCCUPATION, RESIDING AT OVIL HOUSE, CHENDAYAD P.O.PIN - 670 692, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ------------- 1. THE MANAGER, ABDURAHIMAN SMARAKAM U.P.SCHOOL, CHENDAYAD - 670 692, THALASSERY TALUK, KANNUR DISTRICT. 2. HEAD MASTER, ABDURAHIMAN SMARAKAM U.P.SCHOOL, CHENDAYAD - 670 692, THALASSERY TALUK, KANNUR DISTRICT. 3. ASSISTANT EDUCATIONAL OFFICER, PANOOR THALASSERY TALUK, KANNUR DISTRICT. 4. MOHAMMED SAJEED, S/O.K.MAMMED, KALLARAKKAL HOUSE, CHENDAYAD - 670 692, THALASSERY TALUK, KANNUR DISTRICT. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 6. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. BY ADV. SRI.K.S.MADHUSOODANAN FOR R1-2 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR R1-2 SRI.THUSHAR NIRMAL SARATHY FOR R1-2 SRI.M.M.VINOD KUMAR FOR R1-2 SMT.K.M.RAMYA FOR R1-2 SRI.S.K.BALACHANDRAN FOR R4 BY GOVERNMENT PLEADER SHRI A.J.VARGHESE FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.21110 of 2008 K -------------------------------------- Dated this the 19th day of August, 2008. J U D G M E N T The mother of the petitioner, P.K.Damayandhy, died in harness on 9.6.1987. She was working as Assistant Teacher in the first respondent's school which is an aided school. It is stated that at the time of death of mother the petitioner was an infant of 24 days' age. According to the petitioner, the application and representations filed by the petitioner for compassionate appointment under Rule 51B of Chapter XIV A of the Kerala Education Rules were not acceded by the first respondent, the Manager. W.P.(C) No.18803 of 2007 was filed by the petitioner in such circumstances. W.P.(C) No.18803 of 2007 was disposed of as per judgment dated 18.9.2007, directing the Manager to pass orders in respect of the claim made by the petitioner for appointment under Rule 51B of Chapter XIV A of the Kerala Education Rules. The Manager turned down the request of the petitioner as per Ext.P11 letter dated 8.10.2007 and as per Ext.P12 order dated 1.11.2007. The petitioner challenged the order passed by the Manager before the Deputy Director of Education who disposed of the matter as per Ext.P13 order dated 18.2.2008. As per Ext.P13 order the Deputy Director of Education directed the Manager to take urgent necessary WP(C) No.21110/2008 2 action. The Deputy Director of Education held that the petitioner is entitled to compassionate appointment under Rule 51B of Chapter XIV A of the Kerala Education Rules. 2. In the counter affidavit filed by respondents 1 and 2, it is stated that challenging Ext.P13 order passed by the Deputy Director of Education, the Manager had filed an appeal before the Director of Public Instruction. It is submitted that since the Director of Public Instruction did not dispose of the appeal, the Manager has filed Ext.R2(f) revision dated 29.7.2008 before the Government and that the said revision is pending before the Government. 3. The reliefs prayed for in the Writ Petition are the following:- “i) Mandamus, directing the Respondent No.1 to appoint the petitioner in the retirement vacancy of Assistant Teacher in Abdurahiman Smarakam UP School that arose on 1.6.2007 ii) Directing the first respondent to pay the petitioner such sum equal to the pay of LPSA by way of compensation, till she is appointed. WP(C) No.21110/2008 3 iii) Directing the first respondent to pay cost of this original petition and iv) any other relief that the Honourable High Court may deem fit to grant in the circumstances of the case.” 4. Since the matter is pending in revision before the Government, I do not think it is proper to grant the reliefs prayed for in the Writ Petition, at present. However, the fifth respondent has to dispose of Ext.R2(f) revision filed by the Manager expeditiously, after affording an opportunity of being heard to the petitioner, the Manager and the fourth respondent. Learned Government Pleader submitted that the revision would be disposed of by the Government without delay. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- 1. The Government (fifth respondent) shall dispose of Ext.R2(f) revision dated 29.7.2008 submitted by the Manager (first respondent) challenging Ext.P13 order dated 18.2.2008 passed by the Deputy Director of Education, Kannur, after affording an opportunity of being heard to the petitioner, the Manager and the fourth respondent. WP(C) No.21110/2008 4 2. The revision shall be disposed of by the Government as expeditiously as possible and at any rate within a period of three months. 3. The petitioner shall produce a copy of the Writ Petition, a copy of the counter affidavit filed by respondents 1 and 2 and certified copy of the judgment before the Government. 4. The parties will be entitled to produce such other relevant materials and documents before the Government. All the contentions put forward by the parties are left open. K.T. SANKARAN, JUDGE. cks