K P Shimjuraj v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WA.No. 2675 of 2015 IN WP(C).6249/2012 ------------------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 6249/2012 of HIGH COURT OF KERALA DATED 27-10-2015 APPELLANT/PETITIONER:
---------------------------------- K P SHIMJURAJ AGED 33 YEARS S/O.LATE K.P SANKARAN, KULAMULLA PARAMBATH HOUSE AKKAL POST(VIA), KAVILUMPARA, KOZHIKODE 673 513 BY ADVS.SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN RESPONDENTS/RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DISTRICT 673 001
3. THE ASSISTANT EDUCATIONAL OFFICER KUNNUMMAL, KOZHIKODE DISTRICT 673 508
4. THE MANAGER DEVAR KOVIL WEST LOWER PRIMARY SCHOOL KUNNUMAL SUB DISTRICT, P.O THALIYIL KOZHIKODE DISTRICT 673 508
5. SMT. K.K REMYA LOWER PRIMARY SCHOOL ASSISTANT DEVAR KOVIL WEST LOWER PRIMARY SCHOOL KUNNUMMAL SUB DISTRICT, P.O THALIYIL KOZHIKODE DISTRICT 673 508 R BY SR. GOVERNMENT PLEADER SRI.P.FAZIL R BY SRI.R.K.MURALEEDHARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-12-2015 ALONG WITH WA 2705/15, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & P.V.ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December, 2015
JUDGMENT
Antony Dominic, J.
These writ appeals are filed against the common judgment rendered by the learned Single Judge in W.P.(C)Nos.6249/12 and 4672/12 respectively. The father of the appellant was a teacher in the school of which the fourth respondent in W.A.2675/15 is the manager. The teacher expired on 16.10.1997. The appellant attained majority in 2000 and by Ext.P1 claimed appointment, on the basis that he is a claimant under Rule 51(B) of Chapter XIV A KER. Accordingly, he was appointed in the school and he worked during the period 27.1.2005 to 31.3.2005. Thereafter, he abandoned the job without any intimation to the manager or anybody else.
2. Long thereafter, another leave vacancy arose in the school on 25.10.2010. Claiming appointment to that leave vacancy, appellant submitted a representation, which eventually was allowed by the Government as per Ext.P9 in W.P.(C)4672/12. Challenging the said order, the manager as well as the teacher appointed in the vacancy in question
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filed W.P.(C)4672/12 and seeking implementation of the order, the appellant filed W.P.(C)6249/12. By the judgment under appeal, the learned Single Judge allowed W.P.(C)4672/12 and dismissed W.P.(C) 6249/12. It is this common judgment which is under challenge.
3. We heard the counsel for the appellant and the learned counsel appearing for the manager and the other teacher. We heard the learned Government Pleader also.
4. It is true that 51(B) of Chapter XIV A KER provides for appointment of dependents of teachers who are died-in-harness. It was in recognition of that claim that the appellant was appointed in 2002. Once an appointment is given to a claimant under 51B, statute does not recognise any further claim for such a dependent. Though the appellant had joined in service, he had abandoned the appointment. Having done so, appellant did not have any surviving right to claim the vacancy which arose in 2010. This precisely what has been laid down by the learned Single Judge also. Therefore, Ext.P9 order challenged in W.P.(C) 4272/15 was rightly set aside by the learned Single Judge and
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consequently, the learned Single Judge was also justified in dismissing W.P.(C)No.6249/12. We do not find any merit in these appeals. Appeals fail and are accordingly dismissed.
ANTONY DOMINIC JUDGE P.V.ASHA JUDGE jes