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MRS.SINDUM JOY EDASSERY, EDASSERY HOUSE v. STATE OF KERALA, REPRESENTED BY THE - OP No. 21471 of 2002(F)  RD-KL 11593 (29 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMOP No. 21471 of 2002(F)
1. MRS.SINDUM JOY EDASSERY, EDASSERY HOUSE,
1. STATE OF KERALA, REPRESENTED BY THE
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
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.O.P.No.21471 OF 2002
Dated this the 29th day of June, 2007
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.
Learned counsel for the FACT points out that as of now, the
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.
THOTTATHIL B. RADHAKRISHNAN, JO.P.NO.21471 OF 2002
29TH JUNE, 2007.
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