The Kerala High Court has ruled that a widow’s remarriage cannot disqualify her from compassionate appointment under Rule 51B. The judgment reinforces that dependents of deceased aided school teachers hold a protected statutory right to employment.
KERALA: In a landmark decision aimed at protecting the rights of dependents of deceased employees, the Kerala High Court has clarified that remarriage does not invalidate a widow’s claim for compassionate appointment under Rule 51B of the Kerala Education Rules (KER).
The Court ordered that the petitioner, a woman who remarried a year after her husband’s death, must be appointed to the existing or next available vacancy in the government-aided school.
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Background
The case revolved around a woman whose husband, a High School Assistant (Social Studies) in an aided school, passed away in 2017. As his dependent, she promptly applied for a compassionate appointment the same year.
The school Manager acknowledged her application but stated that no suitable vacancy was available. While she waited, personal circumstances forced her to remarry in 2018, particularly because she had to care for her aged mother and had no family support.
A vacancy for an Office Attendant arose only in 2024. When she reapplied, the Manager rejected her request because she had remarried, prompting her to approach the High Court.
Court’s Observations
Justice N. Nagaresh held that the petitioner’s right flowed directly from Rule 51B, Chapter XIVA of the Kerala Education Rules, which mandates that the Manager must offer employment to a dependent when a teacher dies in harness.
The Court highlighted that the petitioner had applied in time and was denied only due to lack of vacancy, not due to any fault of her own. The judge noted that punishing her for remarrying after being made to wait would be “a travesty of justice.”
Unlike compassionate employment for government servants, which is governed by executive instructions, dependents of Aided School teachers enjoy a statutory entitlement. Government circulars may guide procedures, but cannot dilute or negate the rights guaranteed by Rule 51B.
The Court acknowledged that the widow remarried for social and practical reasons, including the responsibility of caring for her mother and the lack of social security once pension benefits ceased.
The High Court set aside the Manager’s decision and directed the respondents to:
- Appoint the petitioner to the current or next arising vacancy in the school
- Ensure that statutory rights under Rule 51B are upheld in letter and spirit
Compassionate Appointment is a special government policy that allows a family member of a government employee who dies while in service or becomes permanently disabled to get a job in the same department or organisation.
The purpose of compassionate appointment is not to give employment as a right, but to provide immediate financial support to the family during a crisis caused by the sudden loss of the breadwinner.
Compassionate appointment under Rule 51B of the Kerala Education Rules (KER) is a special benefit given to the family of a teacher or non-teaching staff who dies while in service or is permanently disabled.
Appearance:
Petitioner: Advocates C.P. Peethambaran, Karthika Peethambaran, Neeraja Venugopal, Arjun J Das, and Divya Varghese
Respondents: Government Pleader Anima M. and Advocate Murali Pallath
Case Title:
Mini R.K. v. State of Kerala & Ors.
WP(C) NO. 3451 OF 2025
READ JUDGMENT
