JUDGEMENT
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(1.) Leave granted.
(2.) These appeals arise out of similar but different orders passed by the
High Court of Kerala at Ernakulam whereby the High Court has allowed the
claim for compassionate appointment made by the respondents and directed
the institutions concerned to appoint them to posts against which they are
otherwise eligible for appointment. The factual backdrop in which the writ
petitions came to be filed by the respondents and eventually allowed is
different in each case but the underlying principle on which the said
petitions have been allowed and the provisions on the basis whereof the
same have been allowed being common, we propose to dispose of these appeals
by this common judgment.
(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.;
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