Widow’s remarriage no bar to compassionate appointment under Kerala Education Rules: Kerala HC

The Kerala High Court has held that a widow’s remarriage does not disqualify her from being appointed on compassionate grounds under the Kerala Education Rules (KER), holding that dependents of aided school teachers enjoy a statutory right that cannot be defeated by executive orders.

The bench of Justice N. Nagaresh, on November 12, 2025, allowed the petition filed by Mini R.K., a 51-year-old widow of late Mohanasundaram K.P., who served as a High School Assistant (Social Studies) at Karimbil High School in Kasargod. Her husband passed away in August 2017 while still in service, and Mini had applied for compassionate appointment that December.

Although the school’s manager acknowledged her application, he informed her that no suitable post was available at the time. Mini later remarried in September 2018, and when a vacancy for an Office Attendant arose in March 2024, she reapplied, seeking appointment under Rule 51B of Chapter XIVA of the KER. However, the school rejected her claim, citing her remarriage and alleging that she had not submitted her application in the prescribed form or provided a dependency certificate.

Challenging the rejection, Mini argued that her remarriage did not disqualify her from claiming employment under Rule 51B, which mandates the school manager to appoint a dependent of a deceased aided school teacher. Her counsel referred to the Supreme Court’s judgments in Shreejith v. Deputy Director (Education), Kerala [2012 (3) KLT 214 (SC)], which held that an application cannot be dismissed merely for want of formality, and Nakeri Vasudevan Namboodiri v. State of Kerala [2007 (4) KLT SN 57], emphasizing dependency at the time of death as the key criterion.

The school’s manager, represented by Advocate Murali Pallath, opposed the plea, citing the latest government order GO(P) No.12/2023/P&ARD issued in July 2023, which bars widows or widowers who remarry from seeking compassionate appointment. It was further contended that the petitioner had married a government employee, thereby losing the dependent status required under the scheme.

The government pleader, appearing for the state, also argued that compassionate appointments are intended solely to address the immediate financial crisis following an employee’s death, relying on Santhosh N.C. v. State of Karnataka [(2020) 7 SCC 617].

Rejecting these arguments, Justice Nagaresh clarified that the petitioner’s husband was not a government employee but an aided school teacher, and therefore, her claim arises from a statutory right under Rule 51B of the Kerala Education Rules. Court observed that while compassionate appointments in the government service stem from executive policies, in the case of aided schools, Rule 51B imposes a mandatory obligation on the school manager to provide employment to the dependent of a deceased teacher.

“The language of Rule 51B does not give rise to any doubt that the Manager of an aided school shall give employment to a dependent of a teacher dying in harness. Such right is vested and cannot be defeated by subsequent government orders,” the court held.

Observing that Mini had remarried only after a year of her husband’s death, partly for social and personal reasons, court said such remarriage cannot be used to deny her a right conferred by law. “If the petitioner is declined compassionate appointment in such circumstances, it would be a travesty of justice,” the judgment stated.

Accordingly, the High Court set aside the school’s rejection order and directed the authorities to appoint Mini R.K. in the existing or next arising vacancy in Karimbil High School. 

Case Title: Mini R.K. vs. State of Kerala and Others

Order Date: November 12, 2025

Bench: Justice N. Nagaresh