IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WA.No. 2178 of 2005() --------------------- AGAINST THE JUDGEMENTIN OP.580/1995 Dated 06/05/2005 .................... APPELLANT(S): PETITIONERS: -------------------------- 1. BINU P. KARTHA, NEDUMANGAL HOUSE, KODAMTHURUTHU, KUTHIATHODE P.O., ALAPPUZHA DISTRICT. 2. S. PRIYADARSHINI, NEDUMANGAL HOUSE, KODAMTHURUTHU, KUTHIATHODE P.O., ALAPPUZHA DISTRICT. 3. P.B. SULOCHANA, NEDUMANGAL HOUSE, KODAMTHURUTHU, KUTHIATHODE P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S)/RESPONDENTS: --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. PRATHAPAN, PEON, ECEK UNION HIGH SCHOOL, KUTHIATHODE P.O., CHERTHALA, ALAPPUZHA. 5. K.G. BIPIN, LOWER DIVISION CLERK, ECEK UNION HIGH SCHOOL, KUTHIATHODE P.O., CHERTHALA, ALAPPUZHA. WA 2178/2005 6. THE MANAGER, ECEK UNION HIGH SCHOOL, KUTHIATHODE P.O., CHERTHALA, ALAPPUZHA. 7. P.A. BHASKARAN NAIR, FORMER MANAGER, ECEK UNION HIGH SCHOOL, KUTHAITHODE P.O., CHERTHALA, ALAPPUZHA. ADV. SRI.K.G.UNNIKRISHNAN NAIR - R7 SRI.SANJEEV BHASKAR - R6 SRI.T.N.GIRIJA SRI.PRAMOD J.DEV. GOVERNMENT PLEADER SRI.NOBLE MATHEW – R1 TO R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.A. NO. 2178 OF 2005 ----------------------------------------- Dated 4th March, 2009. JUDGMENT Balakrishnan Nair, J. The Original Petitioners are the appellants herein. The father of appellants 1 and 2 and the husband of the 3rd appellant was an Upper Primary School Assistant, working under the 6th respondent's school. He died in harness on 15.9.1979. The appellants claim, the 1st appellant submitted an application for employment under the dying-in-harness scheme in December, 1994, that is, after the lapse of more than 15 years of the death of their bread-winner. The Manager, by Ext.P4 communication dated 2.1.1995, rejected the application, stating that the 1st appellant is ineligible for appointment. In the meanwhile, the District Educational Officer issued Ext.P6 order dated 2.9.1997, approving the appointments made to the posts of Clerk and Full Time Menial in the school. Those appointments were made as per the instructions of the Government. The Original Petition was filed, challenging Exts.P4 and P6. The Manager resisted the prayers in the Original Petition, pointing out the delay in staking the claim for appointment by the appellants. The learned Single Judge WA 2178/2005 2 upheld the said contention and dismissed the Original Petition. Aggrieved by the judgment of the learned Single Judge, this Writ Appeal was filed. 2. We heard Mr..D.Sreekumar, learned counsel for the appellant. We also heard the learned Government Pleader Mr.Noble Mathew for the official respondents. Section 51B of Chapter XIV-A of the Kerala Education Rules is meant for giving employment to one of the dependents of the deceased employee and not to one of his legal heirs. Though the 1st appellant might have been a dependent of the deceased employee in 1979, it cannot be said that he was a dependent when he made the application in 1994, after the lapse of 15 years. Having regard to the special facts of the case, we feel that the learned Single Judge has declined relief rightly. We find no reason to take a different view. Accordingly, the Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/