IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 OP.No. 10717 of 1998(A) ---------------------------------- PETITIONER(S): ------------------------ K.HIDAYATULLAH, S/O. LATE N.KHADER BATCHA PARISAKKAL P.O., KALLIAMPARA, CHITTUR TALUK, PALAKKAD 678 556. BY ADV. MR.G.HARIHARAN RESPONDENT(S): ------------------------ 1. THE MANAGER, ST.PAULS HIGHSCHOOL, KOZHINJAMPARA CHITTUR TALUK, PALAKKAD 678 555. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. STATE OF KERALA, REP.BY ITS SECRETARY, GENERAL EDUCATION TRIVANDRUM. ADV. MR.FIROZ K.ROBIN GOVERNMENT PLEADER MR.P.K.RAVIKRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.18330/1998 IN OP. NO.10717/1998 DISMISSED 23/05/2009 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION FILED BY THE PETITIONER ON 24.11.97 FOR APPOINTMENT ON COMPASSIANATE GROUNDS. P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 27.1.98 TO THE 2ND RESPONDENT. P3:- COPY OF THE COMMUNICATION ISSUED BY THE IST RESPONDENT ON 4.6.98. P4:- COPY OF THE G.O.(MS) NO.15/97.G.EDN. DT. 16.1.97. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.10717 of 1998-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2009. JUDGMENT The original petition is filed challenging Ext.P3 communication issued by the first respondent. The application submitted by the petitioner for appointment under the dying in harness scheme was refused by the management. The petitioner is the son of late Shri N. Kader Batcha who was a teacher under the first respondent. He died on 16.9.1987. The petitioner was a student at that point of time. He submitted an application on 24.11.1997 which is produced as Ext.P1. 2. In Ext.P3, the main reason stated to reject the application is that even after acquiring the qualification in the year 1994, the petitioner has chosen to submit the application only in April 1996. The petitioner contends that in the light of Ext.P4 Government Order also, the view taken by the management in Ext.P3 is not correct. 3. Heard learned Govt. Pleader appearing on behalf of the department and learned counsel appearing for the first respondent. In the counter affidavit filed by the first respondent, it is averred that as the petitioner has acquired the qualification only in 1994 and as his application op 10717/1998 2 was filed only on 24.11.1997, there is no proximity of time and there is unreasonable delay in the matter. The principle stated in the judgment of this court in Ganesan v. State of Kerala (1995 (2) KLT 700) and Umesh Kumar Nagpal v. State of Haryana and others {(1994) 4 SCC 138} to the effect that compassionate employment may not be granted after a lapse of reasonable period, is also relied upon in the counter affidavit as a justification for rejection. 4. It is clear from the facts that the death of the parent was in the year 1987. The application has been submitted after 10 years. A Division Bench of this court in Somasundaram v. State of Kerala (2003 (1) KLJ 811) has taken the view that if an application is made for compassionate appointment, there must be some proximity between the date of death as well as the date of application. Herein, admittedly the petitioner acquired the qualification in 1994 and the first application is nearly three years thereafter. Therefore, in the light of the principles stated by this court in the above judgment, the action taken by the management in not accepting the request made by the petitioner cannot be said to be illegal. Therefore, the original petition fails and the same is dismissed. (T.R. Ramachandran Nair, Judge.) kav/ op 10717/1998 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.10717 of 1998-A - - - - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 23rd day of May, 2009.