2025:KER:28505 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13475 OF 2025 PETITIONER: DHANYAN B. GONSALVEZ AGED 19 YEARS S/O. LATE BIJUMON GONSALVEZ, N.G. BHAVAN, MAR APREM NAGAR, PULLUVILA P.O, KANJIRAMKULAM, THIRUVANANTHAPURAM, PIN - 695526 BY ADV DEEPU LAL MOHAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM, CIVIL STATION BUILDING, MANNANTHALA ROAD, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM, PIN - 695043 3 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 2025:KER:28505 WP(C) No.13475 of 2025 2 4 THE DEPUTY DIRECTOR OF EDUCATION KILLIPPALAM CHALAI P. O., THIRUVANANTHAPURAM, PIN - 695036 5 THE DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA, ALUMMOODU, NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695121 6 THE MANAGER MUTHARAMMAN COIL HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI P.O, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN - 695501 7 MUTHARAMMAN COIL HIGHER SECONDARY SCHOOL REPRESENTED BY ITS PRINCIPAL, KOTTUKALKONAM, KATTACHALKUZHI P.O, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN - 695501 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28505 WP(C) No.13475 of 2025 3 JUDGMENT Dated this the 3rd day of April, 2025 The petitioner is seeking appointment under Rule 51B of Chapter XIVA of the KER. The petitioner would submit that his father had been working as a Higher Secondary School Teacher (Sociology) in the 7th respondent-School and while in service, he passed away on 10.12.2018. The petitioner’s application for appointment under Rule 51B has not been considered, perhaps for the reason that there is no vacancy available to accommodate the petitioner. 2. It is the specific contention of the petitioner that there is a vacancy of a Clerk and if the person working as OA is promoted against that post, a Full Time Menial can be accommodated against the post of OA and in turn, the petitioner can be appointed as Full Time Menial on 2025:KER:28505 WP(C) No.13475 of 2025 4 compassionate grounds. 3. The petitioner submits that promotion of the incumbent OA as Clerk has been made and Ext.P2 proposal has been sent to the 5th respondent-District Educational Officer. The said proposal is liable to be considered in the facts of the case. The District Educational Officer is liable to consider Ext.P3 representation of the petitioner also in the interest of justice. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5. 5. Since the issue involved in this case is of compassionate appointment to be given to the dependents of a deceased employee, to overcome the distress of the family, such representation should be considered expeditiously. 2025:KER:28505 WP(C) No.13475 of 2025 5 In the facts of the case, the writ petition is disposed of directing the 5th respondent-District Educational Officer to consider Ext.P2 proposal if the same is received and pending and pass appropriate orders thereon within a period of one month. The 5th respondent should also consider Ext.P3 representation immediately thereafter within a further period of one month. Sd/- N.NAGARESH JUDGE spk 2025:KER:28505 WP(C) No.13475 of 2025 6 APPENDIX OF WP(C) 13475/2025 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF LETTER NO.B4/2071/2022 DATED 06-12-2022 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT Exhibit-P2 THE TRUE COPY OF LETTER NO.172/24 DATED 18-10-2024 SUBMITTED BY THE TEACHER-IN-CHARGE OF THE 7TH RESPONDENT SCHOOL BEFORE THE 5TH RESPONDENT ALONG WITH APPENDED DOCUMENTS Exhibit-P3 THE TRUE COPY OF LETTER DATED 05-06- 2024 SUBMITTED BY THE PETITIONER ALONG WITH APPENDED DOCUMENTS BEFORE THE 5TH RESPONDENT Exhibit-P4 THE TRUE COPY OF LETTER DATED 18-11- 2024 (WITHOUT ENCLOSURES) SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH COPY OF POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT BY THE 5TH RESPONDENT Exhibit-P5 THE TRUE COPY OF LETTER DATED 07-12- 2024 (WITHOUT ENCLOSURES) SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COPY OF POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT BY THE 2ND RESPONDENT Exhibit-P6 THE TRUE COPY OF LETTER DATED NIL (WITHOUT ENCLOSURES) SUBMITTED BY THE 2025:KER:28505 WP(C) No.13475 of 2025 7 PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH COPY OF RECEIPT ISSUED BY THE POSTAL DEPARTMENT Exhibit-P7 THE TRUE COPY OF LETTER DATED NIL (WITHOUT ENCLOSURES) SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ALONG WITH COPY POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT BY THE 4TH RESPONDENT Exhibit-P8 THE TRUE COPY OF JUDGMENT DATED 13-01- 2020 OF THIS HON’BLE COURT IN WP(C)NO.32119/2019 Exhibit-P9 THE TRUE COPY OF JUDGMENT DATED 23-12- 2022 OF THIS HON’BLE COURT IN WP(C)NO.35852/2022