IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 6315 of 2008(B) ------------------------- PETITIONER(S): --------------- GOPIKA.S., D/O.LATE V.R.RAGHAVAN PILLAI, GOPIKA MANDIRAM, ARAMPUNNA, ELAMPAL P.O., PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.T.S.RAJASENAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE SECRETARY, PUNALUR MUNICIPALITY, MUNICIPAL OFFICE, PUNALUR, KOLLAM DISTRICT. 4. THE HEAD MASTER, MUNICIPAL L.P.SCHOOL, ARAMPUNNA, PUNALUR. ADV. SRI.B.KRISHNA MANI FOR R3& 4 MR.ANTONY MUKKATH, GOVERNMENT PLEADER FOR R1 & R2 B.KRISHNAMANI, SC FOR THE MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6315/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF COVERING LETTER DATED 01/10/2005 OF R2. P2 : COPY OF PETITIONER'S APPLICATION DATED 10/08/2005. P3 : COPY OF LETTER NO.B5/12519/2005 DATED 15/11/2005. P4 : COPY OF ORDER NO.G.O.(Rt.) NO.2805/2000/ADMN. DATED 12/07/2000 ISSUED BY THE GOVERNMENT AND MUNICIPALITY. P5 : COPY OF RECEIPT AND G.O.(Rt.) NO.1318/88 DATED 19/01/2001 ISSUED BY THE GOVERNMENT AND MUNICIPALITY. P6 : COPY OF MEMO NO.GI-21655/05 DATED 16/06/2006 ISSUED BY R3. P7 : COPY OF REPRESENTATION TO R1 DATED 25/06/2006. P8 : COPY OF LETTER NO.GI-21655/05 DATED 20/02/2007. P9 : COPY OF LETTER NO.LFGML.851/07 ATED 11/07/2007 ISSUED BY DEPUTY DIRECTOR HIGHER GRADE. P10 : COPY OF LETTER NO.G-15147/2006 DATED 6/11/2007 ISSUED BY THE PUBLIC INFORMATION OFFICER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6315 of 2008 (B) --------------------------------- Dated, this the 27th day of May, 2010 J U D G M E N T The petitioner states that her father was a Part Time Sweeper in the Municipal L.P. School, Arampunna. He expired on 22/12/2003 while in service. Thereupon the petitioner submitted Ext.P2 application seeking appointment as LDC under the dying in harness category that was rejected by respondents 1 to 3 on the ground that her father’s service will not come under the Municipal Common Service. It is in these circumstances, the writ petition has been filed. 2. The learned counsel for the petitioner has brought to my notice that during the pendency of the writ petition, acting upon Ext.P2 application of the petitioner, the Government had issued letter dated 07/11/2008 requiring the District Collector, Kollam to conduct an enquiry and submit a report as laid down in GO(P) No.12/99/P&ARD dated 24/05/1999. It is stated that accordingly enquiry was conducted and the District Collector has forwarded the report to the Secretary to Government. The petitioner submits that due to the pendency of the writ petition, the Government has not WP(C) No.6315/2008 -2- taken any final decision in the matter and the application is still kept pending. 3. From the letter produced by the learned counsel for the petitioner it would appear that the District Collector was called upon to conduct an enquiry as mentioned above and submit his report. According to the learned counsel for the petitioner the enquiry has been completed and the report is pending consideration of the Government. In that view of the matter, at this stage, the grievance of the petitioner will stand redressed if the Government took a final decision on Ext.P2 application in the light of the report submitted by the District Collector. 4. Therefore, I dispose of the writ petition directing the 1st respondent to take a final decision on the application made by the petitioner referred to in the letter dated 07/11/2008 referred to above, in the light of the report obtained from the District Collector, Kollam. This shall be done as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. The petitioner shall produce a copy of this judgment before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg