Writ petition challenging non-approval of petitioner's compassionate appointment due to competing claim by fifth respondent. Court directed Government to dispose of both claims within two months after hearing.
Directed Government to dispose of petitioner's appointment and fifth respondent's representation within two months after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 10TH DAY OF SEPTEMBER 2018 / 19TH BHADRA, 1940
WP(C).No. 29211 of 2018
PETITIONER/S:
TINTU P.C AGED 29 YEARS LPSA, THUVAKKODE ALP SCHOOL, THUVAKKODE PO, KOZHIKODE DISTRICT. 673304
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENT/S:
Wpc 29211/2018
-:2:-
5 ARIFA C KUNNATHUPRAMBU HOUSE, POST PARAPPANPOYIL, THAMARASSERY, KOZHIKODE DISTRICT-673573.
SMT NISHA BOSE SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner was appointed as a Lower Primary School Assistant with effect from 1/6/2017 in a retirement vacancy. The fifth respondent is a claimant under Rule 51B Chapter XIV A of the Kerala Education Rules, 1975. On account of her claim, the petitioner's appointment was not approved. The matter has now gained the attention of the Government consequent upon rejection of the claim of the fifth respondent by the manager.
Wpc 29211/2018
-:3:-
attained the age of majority in the year 2004, she submitted the application under the dying-in-harness scheme only in the year 2011 which is after the stipulated period of three years.
to the Government to dispose the representation filed by the fifth respondent after hearing the petitioner and after adverting to clause 19 in regard to limitation and pass orders without any delay. The manager has approached the Director of Public Instructions challenging rejection of approval of appointment of the petitioner. In the light of the fact that the Government has seized of the matter, the Director of Public Instructions shall forward the appeal filed by the manager to the Government and, the Government shall pass orders in regard to approval of appointment of the petitioner along with the order to be passed in the matter of the representation filed by the fifth respondent within a period of two months.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
A TRUE COPY OF THE APPOINTMENT ORDER IN FORM 27 DATED 12.06.2017.
Wpc 29211/2018
-:4:-
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT DATED 02.11.2016. EXHIBIT P3 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE 5TH RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE GO(P) NO.12/99/P AND ARD DATED 24.05.1999. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 26.09.2017. EXHIBIT P7 A TRUE COPY OF THE APPEAL FILED BY THE 2ND RESPONDENT DATED 12.07.2018. EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 04.07.2018 RESPONDENTS' EXTS: NIL
\TRUE COPY//
PS TO JUDGE
ms
3 issues framed by the court
Whether the fifth respondent's claim under the dying-in-harness scheme is barred by limitation as filed after three years of attaining majority.
Whether the petitioner's appointment approved pending resolution of the Government's government of the matter.
Whether the Director of Public Instructions should forward the manager's appeal to the Government for joint disposal of the matter.
2 provisions across 2 enactments
Tintu P.C
State of Kerala
Secretary to General Education Department, Thiruvananthapuram
Director of Public Instruction, Jagathi, Thiruvananthapuram
The Assistant Educational Officer, Koyilandy, Kozhikode District
The Manager, Thuvakkode ALP School, Thuvakkode P.O., Kozhikode District
A.Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court