In a landmark decision, the Kerala High Court has ruled in favour of a remarried woman who sought a compassionate appointment in a government-aided school. The court observed that refusing her plea would amount to a “travesty of justice”. This ruling marks an important moment for employment rights under the compassionate appointment scheme in aided educational institutions.
Background
Under the compassionate appointment scheme, when a government employee dies while in service (commonly referred to as “dying in harness”), certain rules entitle their dependents to preferential appointment in government or aided institutions. In Kerala, the relevant statutory provisions include:
Rule 51B of Chapter XIVA of the Kerala Education Rules, which states: “The Manager shall give employment to a dependant of an aided school teacher dying in harness. Government orders relating to employment assistance to the dependants of government servants dying in harness shall mutatis mutandis apply in the matter of such appointments.”
Rule 9A of Chapter XXIVA of the same Rules covers non-teaching staff of aided schools similarly.
However, traditional interpretations often disallowed remarried women or married children from claiming the benefit, especially under aided-school schemes, making this decision significant.
The Ruling
The High Court found that the petitioner (a remarried woman) had a valid claim under the scheme and held that denying her the appointment would be a “travesty of justice”. The court emphasised that the compassionate appointment scheme is intended to alleviate hardship of dependents of deceased public servants, and the rules should be construed in a manner that upholds fairness.
Although explicit detailed facts of the case (names, dates) may not yet be widely reported, the principle stands: marital status alone should not be used to deny the benefit if the dependency and other criteria are met.
Implications of the Decision
Broadening of eligibility: This ruling opens the door for remarried women who were earlier excluded on the ground of remarriage or marriage of dependents to claim compassionate appointments, subject to satisfying other eligibility criteria.
Clearer interpretation: The judgment emphasises that the scheme must not be used in a rigid or overly formalistic way that defeats its purpose of relief-to-dependents.
Impact on aided schools: Since many compassionate-appointment rules apply specifically to aided schools (via Rules 9A/51B), this ruling may lead to more applications and potential policy updates from school managements and educational authorities.
Need for vigilance: School managers, aided-school authorities and government departments in Kerala will need to review their internal procedures for processing compassionate-appointment claims, especially where marital or remarriage status has been used as a barrier.
What Beneficiaries Should Know
Ensure you qualify as a dependant of the deceased public-employee (or aided-school teacher/staff) who died while in service.
Check the aided-school rules (Rule 51B for teaching staff, Rule 9A for non-teaching) as applicable in your case.
Marriage or remarriage of the dependent may not automatically disqualify you — dependency and fulfilment of other conditions matter more.
Submit your application promptly, with proof of dependency, aided-school status of the deceased, vacancy availability, etc.
If denied, remember you can challenge the decision through writ petitions before the High Court to enforce your statutory or rule-based entitlement.
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FAQ Section
Q1: What is a compassionate appointment?
A compassionate appointment is a mode of employment given to the dependants of a public servant (or employee of an aided institution) who dies while in service (“dying in harness”). The aim is to mitigate sudden hardship faced by the family of the deceased.
Q2: Does the scheme apply to aided school teachers and staff in Kerala?
Yes. Under the Kerala Education Rules, Rule 51B (teaching staff) and Rule 9A (non-teaching staff) deal with aided-school dependants.
Q3: Does being remarried disqualify one from applying for compassionate appointment?
Not according to this recent ruling of the Kerala High Court. The court held that denying a remarried woman’s plea would be a “travesty of justice”. The dependent’s marriage or remarriage alone cannot be the sole ground for denial if other eligibility criteria are met.
Q4: What eligibility criteria are important?
Key criteria include: the deceased must have been in service at time of death; the applicant must be a dependant; the vacancy must exist; the aided-school must fall under the scheme; applications often have to be filed within a specified time-limit.
Q5: Is compassionate appointment a right or a concession?
It is recognised as a concession by courts (i.e., it is not a right in the sense of open competitive recruitment). However, where the rules/statutes provide for it and the dependent fulfils eligibility, denial may be challenged.
Q6: What should an applicant do if her claim is denied?
She can approach the High Court (in Kerala) via a writ petition challenging the decision on grounds of statutory entitlement or rule-based eligibility. This recent decision sets a favourable precedent.
Published on : 13TH November
Published by : SARANYA
Source Credit ; Richa Sahay
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