Partly allowed

A.v.Abhaya v. the State of Kerala

Kerala HC11 Sept 2018WP(C)/22698/2018

Case brief

AI extract

What is this about?

The Court upheld the petitioner's claim for compassionate appointment under Rule 51B of Chapter XIV-A of the Kerala Education Rules. It directed the Manager to appoint the petitioner in an existing vacancy of U.P.S.A. and regularize the former appointee.

What did the court decide?

Petitioner appointed in existing U.P.S.A. vacancy; Previous appointee regularized as Full Time Menial with salary from date of appointment till post abolition.

A.v.Abhaya Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY ,THE 11TH DAY OF SEPTEMBER 2018 / 20TH BHADRA, 1940

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WP(C).No.22698 of 2018

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PETITIONER/S:

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A.V.ABHAYA, AGED 28 YEARS, D/O.LATE K.VIJAYAN, RESIDING AT CHAMAVILA VEEDU, KONGUMCODE, ELLUVILA, THIRUVANANTHAPURAM-695504.

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BY ADV. SRI.RAJESH P.NAIR

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, KILLIPPALAM, THIRUVANANTHAPURAM-695002.

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4 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

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5 THE MANAGER, V.P.M. HIGH SCHOOL, VELLARADA, THIRUVANANTHAPURAM-695505.

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6 THE HEADMASTER, V.P.M. HIGH SCHOOL VELLARADA THIRUVANANTHAPURAM-695505.

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7 G.RAJESH KUMAR, RESIDING AT MURUKA VILASOM, HSS JUNCTION, VELLARADA, NEYYATTINKARA, THIRUVANANTHAPURAM695505.

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BY GOVERNMENT PLEADER, SMT,G.RENJITHA BY ADVS. SMT.REKHA VASUDEVAN SRI.D.KISHORE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.09.2018, ALONG WITH WP(C).19623/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.22698/2018 & con.case 2

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JUDGMENT

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These writ petitions concern an order passed by the Government upholding the claim of A.V.Abhaya under Rule 51B of Chapter XIV-A of the Kerala Education Rules(KER). Abhaya’s father died in harness on 16.10.2008. By the time, Abhaya was 19 years old. She submitted an application for compassionate appointment on 10.10.2014. It appears that Abhaya’s mother had submitted an application as early as on 22.10.2008. The Manager appointed Sri.Rajesh Kumar as Full Time Menial in the vacancy arose due to the promotion of one Sri.Shaiju in VPM HSS, Vellarada. This appointment was on 20.10.2008. Rajesh Kumar’s appointment was not approved for the reason that Abhaya’s mother had raised a claim under 51B of Chapter XIV-A of KER.

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Rajesh Kumar appears to have worked till the post was

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abolished. Rajesh Kumar is out of service as he was terminated from the service.

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WP(C)No.22698/2018 & con.case 3

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There are three vacancies now in the school. Even if

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Abhaya’s claim is upheld, she cannot be appointed in such post which is already abolished. Therefore, at the best, she can now claim for the post of U.P.S.A. It is stated at Bar that she is qualified to be appointed as U.P.S.A. In such circumstances, it is appropriate that Abhaya is appointed in any of such vacancy exists in the school. The Manager is directed to send a proposal appointing Abhaya for any existing vacancy of UPSA upholding her claim under Rule 51B of Chapter XIV A of the KER.

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Rajesh Kumar approached this Court challenging the orders passed by the Government upholding the claim of Abhaya. In view of the matter, Abhaya being appointed as U.P.S.A., there may not be a difficulty to approve the appointment of Rajesh Kumar from the date of appointment till the post was abolished. He should be approved in the post of Full Time Menial and should be given salary. That shall be done within a period of three months. The Manager shall send a proposal for appointing

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WP(C)No.22698/2018 & con.case 4

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Abhaya within one month and the Assistant Educational Officer concerned shall consider the approval in the light of the Government Order upholding the claim under Rule 51B of

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Chapter XIV A of the KER, without any delay.

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These writ petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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APPENDIX in W.P.(C) No.22698 of 2018 PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT OF THE FATHER OF THE PETITIONER DATED 28-102008.

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EXHIBIT P2 TRUE COPY OF THE REQUEST FOR EMPLOYMENT ASSISTANCE BY THE MOTHER OF THE PETITIONER TO THE 5TH RESPONDENT DATED 22-10-2008.

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EXHIBIT P3 TRUE COPY OF THE CONSENT DEED DATED 22-102008. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.33309/2008 DATED 12-11-2008. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 4-2-2009.

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 23-11-2019 IN WP(C)NO.8685/2009. EXHIBIT P7 TRUE COPY OF THE ORDER NO.ET 4/163/2010/DPI/PRD DATED 08-03-2011 OF THE MANAGER.

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EXHIBIT P8	TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT)NO.2520/14/G.EDN DATED 26-6-2014.
EXHIBIT P9	TRUE COPY OF THE ORDER DATED 14-07-2014 PASSED BY THE MANAGER.
EXHIBIT P10	TRUE COPY OF THE LETTER NO.D/302/14 DATED 17- 11-2014 BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE APPLICATION DATED 10-10-2014 SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORMAT.
EXHIBIT P12	TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 05-06-2015.
EXHIBIT P13	TRUE COPY OF THE REPRESENTATION GIVEN BY PETITIONER BEFORE THE 5TH RESPONDENT, DATED 27-09-2017.
EXHIBIT P14	TRUE COPY OF THE REPRESENTATION DATED 27-09- 2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P15	TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER 18-3- 2010.
EXHIBIT P16	TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 30-5-2013.
EXHIBIT P17	TRUE COPY OF THE G.O.12/99/P&ARD DATED 24-05- 1999.
EXHIBIT P18.	TRUE COPY OF THE RELEVANT PAGE OF MY SECONDARY SCHOOL LEAVING CERTIFICATE EXAMINATION FOR PROVIDING MY DATE OF BIRTH.
RESPONDENT'S/S EX	HIBITS:
EXHIBIT R7 A	TRUE COPY OF THE APPOINTMENT ORDER DATED 20/10/2008 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT R7 B	TRUE COPY OF THE ORDER DATED 4/2/2009 PASSED BY THE 4TH RESPONDENT.

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EXHIBIT R7 C TRUE COPY OF THE ORDER DATED 8/3/2011 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT R7 D TRUE COPY OF THE G.O.(RT) NO.2520/14/G.EDN.DATED 26/6/2014 OF THE 1ST RESPONDENT. EXHIBIT R7 E TRUE COPY OF THE JUDGMENT DATED 4/2/2015 IN W.P.(C) 3529 OF 2015 OF THIS HONOURABLE COURT. EXHIBIT R7 F TRUE COPY OF THE G.O.(RT) NO.2214/15/G.EDN. DATED 5/6/2015 OF THE 1ST RESPONDENT. EXHIBIT R7 G TRUE COPY OF THE G.O.12/99/P&ARD DATED 24/5/1999 RELATING TO THE COMPASSIONATE EMPLOYMENT SCHEME. EXHIBIT R7 H TRUE COPY OF THE APPLICATION FOR COMPASSIONATE APPOINTMENT DATED 10/11/2014 SUBMITTED BY THE PETITIONER. EXHIBIT R7 I TRUE COPY OF THE CONSENT DEED EXECUTED BY THE SISTER OF THE PETITIONER. EXHIBIT R7 J TRUE COPY OF THE PROCEEDINGS DATED 14/7/2014 OF THE 5TH RESPONDENT. //TRUE COPY//

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P.A.TO JUDGE

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A.v.Abhaya v. the State of Kerala

Case brief

What is this about?

What did the court decide?

A.v.Abhaya v. the State of Kerala

Case brief

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