Authority: High Court of Kerala at Ernakulam

Order Date: 15 December 2021

Case Overview

  • Petitioner: Thara Thankam David, daughter of the late Sri. David Soloman, former Headmaster of Concordia Upper Primary School, Peroorkada.
  • Respondents: 1) State of Kerala (Secretary, General Education Department), 2) Director of General Education, 3) Manager Corporate Management of Lutheran Schools (Concordia Higher Secondary School), 4) Regional Deputy Director, Directorate of Higher Secondary Education, Chengannur, 5) Deputy Director of Education, Thiruvananthapuram, 6) Sreeja O., Laboratory Assistant, Concordia Lutheran Higher Secondary School.
  • Background: Sri. David Soloman died on 12‑02‑2009 while in service. As his dependent, the petitioner filed Ext. P2 under the Dying in Harness Scheme (Rule 51B, Chapter XIV A, Kerala) seeking employment. The school manager refused to consider the request. The petitioner previously filed W.P.(C) No. 26279/2019. The 2nd respondent issued Exhibit‑P8 directing the petitioner to approach the manager, but no order was passed. Later, vacancies arose in non‑teaching staff; the petitioner approached the Regional Deputy Director (RDD), whose communication (Exhibit‑P10) was forwarded to the Regional Director. Subsequently, the 6th respondent was appointed as Laboratory Assistant, overlooking the petitioner’s claim.
  • Petitioner's Relief Sought: Quash Exhibits P8 and P10, terminate the 6th respondent’s appointment, and appoint the petitioner under the compassionate appointment scheme.
  • Respondent’s Counter‑Affidavit (3rd respondent): Stated willingness to consider the petitioner for future non‑teaching vacancies under the compassionate appointment scheme, provided a proper application with requisite documents is submitted.
  • Petitioner’s Counsel (Sri George Abraham): Cited Supreme Court judgment Shreejith L. v. Deputy Director (Education) Kerala (2012 7 SCC 248), asserting that an application cannot be rejected solely for format defects; deficiencies must be pointed out and the applicant given a reasonable opportunity to rectify.
  • Senior Government Pleader (Sri Bijoy Chandran): Referred to Order No. ET (4)/41200/2019/DGE dated 20‑01‑2020, noting the petitioner had not submitted any application to the management and that the management required legal heirship certificate, death certificate, income certificate, age and qualification certificates.
  • 3rd Respondent’s Counsel (Smt Indu Susan Jacob): Reiterated willingness to consider the petitioner for vacancies arising on or after 20‑01‑2020, and noted that the required documents had not yet been produced.

Final Outcome

  • The Court directed the petitioner to submit the documents mentioned in Order No. ET (4)/41200/2019/DGE (legal heirship certificate, death certificate of her father, income certificate, age and qualification certificates) within ten (10) days of receipt of the judgment copy.
  • Upon production of these documents, the 3rd respondent (Manager Corporate Management of Lutheran Schools) shall consider the petitioner for appointment under the compassionate appointment scheme for any non‑teaching vacancies that arise on or after 20‑01‑2020.
  • The petitioner must be appointed within thirty (30) days from the date a relevant vacancy arises.
  • The writ petition is disposed with the above directions.

Topics: Compassionate Appointment, Education Employment