EDWIN R.ROSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a claimant under Rule 51 B of Chapter XIV A, KER has approached this Court seeking directions to the 5th respondent to implement Ext.P6 order of the DEO directing his appointment as Physical Education Teacher in recognition of his statutory claim. It is submitted that the petitioner's father was employed as Physical Education Teacher under the 5th respondent. He passed away on 15.02.1993. Petitioner submitted an application for compassionate appointment. On 01.06.2010, he was appointed against a regular post of Physical Education Teacher recognizing him as a claimant under the Rule. However, consequent to division fall, a senior hand had to be retained and the petitioner was sent out of service and the senior hand was accommodated in the regular vacancy.

(2.) Thereafter, by Ext.P1, the petitioner was again appointed in a leave vacancy from 09.06.2011 to 31.08.2011. However, approval was rejected. Thereafter, a vacancy arose on 01.06.2019 in the St.Sebastian's Higher Secondary School, Cheenthalar. Though the petitioner had raised a claim for appointment against the said vacancy, the 6th respondent, a fresh hand was appointed. Petitioner submitted Ext.P4 representation, which was directed to be considered by Ext.P5 judgment. Ext.P6 order was passed by the 4th respondent finding that the petitioner was a Rule 51 B claimant and therefore he was eligible for appointment. The appointment of the 6 th respondent was therefore not approved. However, even thereafter, the Manager has not appointed the petitioner against the vacancy which arose on 01.06.2019, which has prompted the petitioner to approach this Court with this writ petition.

(3.) Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for respondents 5 and 6.