High Court Kerala High Court

The Manager vs The State Of Kerala on 7 April, 2009

Kerala High Court
The Manager vs The State Of Kerala on 7 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11427 of 2009(W)


1. THE MANAGER
                      ...  Petitioner
2. K.P.KRISHNA DAS

                        Vs



1. THE STATE OF KERALA
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER

3. THE ASSISTANT EDUCATIONAL OFFICER

4. SMT. P.VIJAYAKUMARI

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/04/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                       -------------------------------------
                       W.P.(C).No.11427 of 2009
                      --------------------------------------
                           Dated 7th April, 2009

                                 JUDGMENT

Heard Sri.V.A.Muhammed, the learned counsel appearing for

the petitioners and Sri.A.j.Varghese, the learned Government Pleader

appearing for respondents 1 to 3. In the nature of the order that I

propose to pass, it is not necessary to issue notice to or hear the fourth

respondent.

2. The first petitioner is the Manager of an Aided Upper

Primary School. The second petitioner is a Peon appointed by the first

petitioner in his school in the vacancy that arose on 1.9.2008. Late

P.Gopalan, the husband of the fourth respondent was a Drawing teacher

in the first petitioner’s school. He passed away on 4.6.2008.

Thereupon, the fourth respondent’s son Sri.Sruthin Gopan filed an

application for appointment under the compassionate employment

scheme. That application was rejected by the Manager by Ext.P2 letter

dated 1.9.2008 on the ground that he had not attained 18 years of age

as on 1.9.2008. The vacancy of Peon was thereafter filled up by

appointing the second petitioner. The petitioners state that the

application submitted by Sri.Sruthin Gopan was accompanied by Ext.P5

consent letter submitted by the fourth respondent wherein she had

WP(C).No.11427/2009 2

stated that she has no objection to her son being appointed under the

dying-in-harness scheme. It appears, after the Manager declined the

application submitted by the fourth respondent’s son for appointment

under the dying-in-harness scheme, the fourth respondent staked a

claim for the post of Peon before the Assistant Educational Officer,

Alathur. The first petitioner’s views were thereupon sought and she

submitted Ext.P3 reply and a hearing in the matter was also held

thereafter during which the first petitioner submitted Ext.P4 statement.

By Ext.P6 order passed on 26.3.2009, the Assistant Educational

Officer, Alathur declined to approve the second petitioner’s

appointment and directed the Manager to appoint the fourth

respondent as Peon in the vacancy that arose on 1.9.2008. The first

petitioner has, aggrieved by Ext.P6 order filed Ext.P7 appeal before the

District Educational Officer, Palakkad. In this writ petition, the

petitioners challenge Ext.P6 and also seek a direction to the District

Educational Officer, Palakkad to consider Ext.P7 appeal and pass

orders thereon within a time limit to be fixed by this Court.

3. The question whether Ext.P6 order passed by the

Assistant Educational Officer is sustainable in law or not is a matter for

the District Educational Officer to decide in view of the fact that the

first petitioner has chosen to move the said authority in appeal. In

these circumstances, I am of the opinion that it will be premature for

WP(C).No.11427/2009 3

this Court to finally pronounce on the issue. Since the first petitioner

has already moved the District Educational Officer in appeal, it is for

the said authority to consider the same and pass orders thereon.

Since the claim of the fourth respondent relates to appointment under

the dying-in-harness scheme and her husband passed away on

4.6.2008, it is only desirable that the appeal is disposed of

expeditiously.

I accordingly dispose of this writ petition with a direction to

the District Educational Officer, Palakkad to consider Ext.P7 appeal and

pass orders thereon after notice to and affording the petitioners and

the fourth respondent a reasonable opportunity of being heard. Final

orders in the matter shall be passed within three months from the date

on which the petitioners produce a copy of this writ petition along with

a certified copy of this judgment before the District Educational Officer,

Palakkad. The District Educational Officer, Palakkad shall after final

orders are passed in the matter, communicate the same to the

petitioners and the fourth respondent. The contentions of both sides

on the merits are kept open.

P.N.RAVINDRAN
Judge

TKS