Shreejith. L vs Deputy Director(Education) Kerala & ...

3. In Civil Appeal arsing out of Special Leave Petition (C) No.7556 of 2008 father of respondent No.5 who was working as a ‘Peon’ in a school known as SHGSHS, Kadakkodu, died-in-harness on 14th October, 2000. Respondent No.5 was a minor aged about 16 years at that time. He attained majority on 21st April, 2002. His mother all the same applied for a compassionate appointment under the prevalent Compassionate Employment Scheme to the Deputy Director (Education) who informed her that respondent No.5 could apply to the management for an appointment as and when he attained majority. The petitioner accordingly applied for appointment as a Sanskrit Teacher on 7th February, 2005. It is not in dispute that he had the requisite qualification for appointment against the said post.

4. The post of a Lower Grade Sanskrit Teacher fell vacant in the school on 1st June, 2005, but respondent No.5 was informed that his claim will be considered in the next arising vacancy of a non-teaching staff in the school. Even though a representation made to the District Educational Officer resulted in a direction to the Manager of the institution to consider the claim of respondent No.5 yet an appointment order was issued by the Manager in favour of the appellant herein in preference to the claim made by the former.

5. Aggrieved by the denial of an appointment in his favour, respondent No.5 filed W.P. (C) No.21503/2006 in the High Court of Kerala at Ernakulam. During the pendency of the said petition a vacancy of a ‘Peon’ arose in the school, which was offered to him by the Manager. The High Court disposed of the writ petition permitting respondent No.5 to accept the offer made to him by the Manager and to file a separate petition for redressal of his grievance if he continued to feel aggrieved. His appointment as ‘Peon’ thus remained without prejudice to the respondent-petitioner’s claim against the post of Junior Sanskrit Teacher in the school.

6. Pursuant to the liberty reserved in his favour, respondent No.5 filed W.P. (C) No.16399/2007 in the High Court praying for a certiorari quashing the appointment of the appellant herein and a mandamus directing the Manager to appoint respondent No.5-writ petitioner in his place as a full time Junior Sanskrit Teacher. A single Bench of the High Court allowed the said petition by an order dated 10th December, 2007 quashing the appointment of the appellant herein and directing the Manager to appoint respondent No.5 in his place effective from 1st August, 2006. The above order passed by the High Court was then assailed by the appellant herein in Writ Appeal No.149 of 2008 which appeal has been dismissed by the High Court in terms of the order under challenge before us.

13. In Civil Appeal arising out of Special Leave Petition (C) No.4954 of 2009, father of respondent No.1 had been working as the ‘Headmaster’ of East Valliyai, U.P. School, who died in harness on 27th April, 1995. Respondent No.1 was a minor at that time who attained majority only on 8th May, 1995 and has got married since then. On 21st July, 2007, the appellant-petitioner No.2 was appointed as a ‘Peon’ in the East Valliyai, U.P. School. It was thereafter on 10th September, 2007 that respondent No.1 claimed a compassionate appointment. Assistant Educational Officer directed the Manager to consider the said application by an order dated 24th April, 2008. The Manager, however, rejected the claim on the ground that the prayer for appointment was made belatedly. The District Educational Officer upheld the rejection in terms of his order dated 24th June, 2008. The matter was then brought up before the High Court of Kerala at Ernakulam in W.P.(C) No.16815/2008 in which the writ petitioner, respondent No.1 before us, challenged the rejection of her claim for appointment on compassionate basis. By an order dated 20th October, 2008, a single Bench of the High Court allowed the said petition and directed the Manager of the institution to appoint the writ petitioner against the vacancy of ‘Peon’ that had arisen on 30th June, 2008. Aggrieved by the said order, the Manager of the school filed Writ Appeal No.2211 of 2008 before a Division Bench of the High Court which appeal was dismissed by the High Court in terms of its order dated 13th January, 2009 impugned in this appeal.

17. On 5th June, 2002 the appellant herein was appointed as a teacher against the available vacancy of a Hindi Teacher. The request made by respondent No.4 was shortly thereafter rejected by the Manager by order dated 17th June, 2002. The Assistant Educational Officer, however, accepted the claim made by respondent No.4 and declined approval to the appointment of the appellant by its order dated 23rd September, 2002. The Assistant Educational Officer held that respondent No.4 was qualified for appointment against the post of Hindi Teacher and the Manager ought to have considered his prayer and appointed him. He accordingly directed the Manager to appoint respondent No.4 against the available vacancy.

22. Aggrieved by the said order, respondent No.1 appears to have approached the District Educational Officer, who allowed the claim made by the said respondent in terms of his order dated 22nd October, 2007. A revision was then filed by the Manager against the said order before the Government which was dismissed by order dated 27th June, 2009. Challenging the said order, the Manager filed Writ Petition (C) No.21384 of 2009 before the High Court which was dismissed by a single Bench of the High Court by order dated 12th November, 2009. Writ Appeal No. 2791 of 2009 preferred against the said order having failed, the Manager of the institution has preferred the present appeal. The very same order has been assailed by the appellant in Special Leave Petition (C) Nos.6607-6608 of 2011.

25. That leaves us with Civil Appeal arising out of Special Leave Petition (C) No.4467 of 2010. In this case also the High Court had upon consideration of the facts of the case and the provisions of the scheme directed appointment of respondent No.7 as a ‘Full-time Menial’ against the first vacancy that became available in the school concerned. Father of respondent No.7, it appears, was a ‘Full-time Menial’ who passed away on 19th July, 2000. Since respondent No.7 was a minor at that time, his mother sent an application addressed to the Manager of the school stating that she was agreeable to the grant of the job to her son-respondent No.7 in view of the death of her husband. The said letter was returned to the mother of respondent No.7 with a postal endorsement ‘unclaimed’. In October 2002 respondent No.7 submitted an application in the prescribed format to the District Educational Officer who returned it to the said respondent to be given to the Manager of the school for consideration. Without considering the said application respondent No.1 appointed appellant No.1 as a ‘Full- time Menial’ on 11th April, 2003. On 2nd June, 2003, appellant No.3 was also appointed against the vacancy of a ‘Full-time Menial’. Similarly, appellant No.2 was appointed as ‘Full-time Menial’ on 1st February, 2005 when appellant No.1 was upgraded from the post of a ‘Full-time Menial’, to that of a ‘Peon’. The prayer made by respondent No.7 was eventually rejected by the District Educational Officer on the ground that it was belated and was not in terms of the Government Order. Similar claim made by Mrs. Rajeswari was also rejected by the District Educational Officer. Both of them filed separate writ petitions which were disposed of by the High Court remanding the matter to the District Educational Officer for a fresh hearing. Upon remand the District Educational Officer upheld the claim made by respondent No.7 and Mrs. Rajeswari. Aggrieved by the said order, petitioner preferred revision petition before the Government which was dismissed. Appellants No.1 & 2 and respondent No.1 then filed writ petitions in which it was submitted that respondent No.7 and Mrs. Rajeswari were gainfully employed. A Single Bench of the High Court allowed the said petitions holding that respondent No.7 and Mrs. Rajeswari were both disentitled to claim compassionate appointment. In the meantime on 15th December, 2007 appellant No.4 was appointed as ‘Full-time Menial’. Writ Appeal No.780 of 2008 filed by Mrs. Rajeswari against the judgment of the single Bench was dismissed by the High Court. By a separate order dated 11th December, 2009, the High Court allowed the appeal filed by respondent No.7, reversed the judgment of the Single Bench in so far as the said respondent was concerned.

18. Aggrieved by the said order the appellant preferred Writ Petition No.7413 of 2007 before the High Court which was dismissed by a single Bench by its order dated 25th September, 2009. Writ Appeal No.2186 of 2009 preferred against the said order was also dismissed by the Division Bench of the High Court in terms of its order dated 6th October, 2009.

30. In the result;

(i) Civil Appeal arising out of Special Leave Petition (C) No.7566 of 2008 is dismissed.

(ii) Civil Appeal arising out of Special Leave Petition (C) No.4954 of 2009 is however allowed, the judgment and order passed by the High Court in W.P. (C) No.16815 of 2008 and in Writ Appeal No. 2211 of 2008 set aside.

(iii) Civil Appeal arising out of Special Leave Petition (C) No.33421 of 2009 is dismissed.

(iv) Civil Appeals arising out of Special Leave Petition (C) Nos.31908 of 2010 and 6607-08 of 2011 are allowed, the judgment and orders passed by the High Court in W.P. No.21384 of 2009 and in Writ Appeal No.2791 of 2009 are set aside. The order passed by the Government in revision and that passed by the District Educational Officer dated 22nd October, 2007 shall stand quashed. Prayer for compassionate appointment made by respondent No.1 is consequently rejected.

(v) Civil Appeal arising out of Special Leave Petition (C) No.4467 of 2010 is dismissed.

31. The parties are left to bear their own costs in all the appeals.