IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 22352 of 2008(J) PETITIONER: SREEDHAN.K.N, S/O.LATE K.K. NARAYANAN, KAVAPARA KANAYUR MANA, MUDUR.P.O, VATTAMKULAM, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: 1. THE ASSISTANT EDUCATIONAL OFFICER, EDAPAL. 2. THE MANAGER, CPNUP SCHOOL, VATTAMKULAM.P.O, PIN - 679 578, MALAPPURAM DISTRICT. R2 BY ADV. SMT.S.KARTHIKA GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.22352 of 2008 J -------------------------------------- Dated this the 6th day of August, 2008. J U D G M E N T The father of the petitioner, viz., K.K.Narayanan, while working as a Teacher in CPNUP School, Vattamkulam died in harness. It is stated that the petitioner was a minor at that time. According to the petitioner, he has passed Plus Two Course and also passed Teachers' Training Course and he is fully qualified to be appointed as Assistant Teacher in the School. The petitioner stated that there are vacancies of Assistant Teachers in the school for the current academic year. Petitioner's claim under Rule 51B of Chapter XIV A of the Kerala Education Rules was not recognized by the Manager. The Manager has passed Ext.R2(a) order dated 3.6.2008, rejecting the request of the petitioner for compassionate appointment in the school. 2. The petitioner had submitted Ext.P4 petition dated 18.6.2008 before the Assistant Educational Officer, Edapal, praying that necessary directions may be issued to the Manager to appoint the petitioner in any one of the three vacancies of Assistant Teachers in the school. In Ext.P4 reference is made to the order passed by the Manager rejecting the claim under WP(C) No.22352/2008 2 Rule 51B of Chapter XIV A of the Kerala Education Rules. Ext.P4 also shows the objections raised by the petitioner against the order passed by the Manager. Ext.P4 is not disposed of by the Assistant Educational Officer, Edapal. 3. The prayer made by the petitioner in the Writ Petition is to issue a writ of mandamus commanding the first respondent to consider and dispose of Ext.P4 petition filed by the petitioner, after affording an opportunity of being heard to the petitioner and the second respondent, the Manager. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- (i) The first respondent, the Assistant Educational Officer, Edapal, shall consider and dispose of Ext.P4 petition dated 18.6.2008 as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner and the second respondent. (ii) The petitioner shall produce a copy of the Writ Petition, a copy of the counter affidavit and certified copy of the judgment before the first respondent. WP(C) No.22352/2008 3 (iii) The petitioner as well as the second respondent would be entitled to produce such other materials and documents which are relevant in the matter before the first respondent. (iv) The first respondent shall consider the contentions raised by the petitioner and the second respondent and dispose of Ext.P4 petition in accordance with law. K.T. SANKARAN, JUDGE. cks