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MRS.SINDUM JOY EDASSERY, EDASSERY HOUSE versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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MRS.SINDUM JOY EDASSERY, EDASSERY HOUSE v. STATE OF KERALA, REPRESENTED BY THE - OP No. 21471 of 2002(F) [2007] RD-KL 11593 (29 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 21471 of 2002(F)

1. MRS.SINDUM JOY EDASSERY, EDASSERY HOUSE,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. FACT SCHOOLS MANAGER (CO-ORD.)

For Petitioner :SRI.M.V.BOSE

For Respondent :SRI.ANTONY DOMINIC

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :29/06/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

O.P.No.21471 OF 2002

Dated this the 29th day of June, 2007



JUDGMENT

Petitioner's father was employed in FACT. He died while in service. FACT invited applications from dependents of their deceased employees for appointment to FACT school, which is stated to be an aided school. Petitioner applied. FACT found that the petitioner was married with two children and therefore, cannot be treated as a dependent for appointment.

2. The school is an aided school and Kerala Educational Rules, 1958 applies. Petitioner's father was not a teacher in that school. Therefore, Rule 51 B of Chapter XIV A KER does not apply.

3. The only question therefore, is whether the respondents are to be compelled to appoint the petitioner as a teacher in the FACT school merely because she claims to be a dependent of a person who was employed in FACT and not in the FACT school. OP.21471/02 Page numbers Learned counsel for the FACT points out that as of now, the school has been handed over to a different management. The view taken by FACT that the petitioner is not a dependent of her father on accounts of her marriage, cannot be treated as irrational or arbitrary. There was no binding statutory rule which compelled FACT to provide employment assistance to the petitioner merely because she is a daughter of an employee who died in service of the FACT. Under such circumstances, the impugned actions cannot be found fault with. No directions are called for in this writ petition. In the result, the writ petition is dismissed. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN Judge kkb. OP.21471/02 Page numbers
=======================

THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.21471 OF 2002

JUDGMENT

29TH JUNE, 2007.
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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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