IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 28507 of 2007(R) -------------------------- PETITIONER: ------------ SMT. SHERLEY, RAJAM NIVAS, THOTTAKKADU P.O., KALLAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASEKHARAN NAIR RESPONDENTS: ------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE MANAGER, K.P.M.H.S.S.CHERIAVELI NALLOOR, KOTTARAKKARA, QUILON. 3. THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.T.H.ABDUL AZEEZ FOR R.2 BY G.P.SRI.T.T. MEHMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.28507/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. EXT.P2 COPY OF THE APPLICATION OF THE PETITIONER. EXT.P3 COPY OF THE COVERING LETTER FROM THE DIRECTOR TO THE PRIVATE SECRETARY OF THE HONOURABLE MINISTER FOR EDUCATION. /TRUE COPY/ cl THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------- W.P.(C).NO.28507 OF 2007-R ---------------------------------------------- Dated this the 30th day of July, 2008. J U D G M E N T A supernumerary post of Lab Assistant was created in the Higher Secondary Section in the second respondent's school. Petitioner's husband was appointed to that post. He committed suicide. Thereafter, the petitioner applied for appointment on compassionate grounds. 2. The second respondent contended that the post to which the petitioner's husband was appointed was a supernumerary post and not borne in the regular cadre and hence there could be no appointment on compassionate grounds. Secondly, it is contended that the rule relating to the compassionate appointment does not apply to the Higher Secondary Section. 3. It is seen that the Director of Higher Secondary Education has addressed Ext.P3 to the Government. 4. The issue is whether the petitioner should be appointed and if she is entitled to any compassionate relief, whether she WPC.NO.28507/07 . 2 should be appointed against any supernumerary post in the Higher Secondary Section or whether she can aspire to be appointed as against any other post in the establishment including Higher Secondary Section or other sections. According to the second respondent, post of a full time Menial is vacant in the Higher Secondary Section and as per the interim order dated 22.2.2008 it was directed that he should not make any further appointment to any post to which the petitioner is qualified. I may also note that the petitioner is willing to be appointed as a menial in the Higher Secondary Section but that by itself would be in sufficient to issue any direction since entitlement of the petitioner in terms of law and on the basis of any permissible contention of equitable consideration will have to be considered at the highest level in the administration. Thus authority, essentially, rests with the Government, which going by Ext.P3, has been appraised all the relevant facts. Under such situations, preserving interim order dated 22.2.2008, the parties are relegated to the Government for a WPC.NO.28507/07 . 3 hearing by the competent authority and a final decision on the issue and claim of the petitioner, within an outer limit of two months. The time allowed shall be treated as peremptory since the second respondent has to make appointment of menial in the Higher Secondary Section. THOTTATHIL B. RADHAKRISHNAN, JUDGE. cl