IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 14217 of 2009(V) -------------------------------------- PETITIONER(S): --------------------- M. SREEKANTAN NAIR, S/O.LATE MOHANAN.T. POTTAYIL VEEDU, PENGOTTUKONAM, VP VII/1067, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADV. MR.D.KISHORE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH & FAMILY WELFARE (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.14217 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of May, 2009 JUDGMENT Heard Sri. D.Kishore, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner's father late T. Mohanan died while in service on 28-11-2007 while he was working as Hospital Attendant Grade-I in Medical College, Trivandrum. The petitioner who is the eldest son of the deceased employee and an unemployed person applied for appointment under the scheme for compassionate appointment evidenced by Ext.P4. The said application was recommended by the Director of Health Services who certified in Ext.P5 letter dated 17-12-2008 that the petitioner satisfies all the necessary conditions for employment assistance under the Compassionate Employment Scheme. However, on the short ground that the petitioner is married, the Government rejected his application and informed him accordingly by Ext.P6 letter dated 2-3-2009. Ext.P6 is under challenge in WPC 14217/09 2 this writ petition, wherein the petitioner seeks a writ in the nature of mandamus commanding the respondents to give him employment assistance under the Compassionate Employment Scheme. 3. In the instant case, the application submitted by the petitioner for compassionate appointment under the Dying-in- harness Scheme has been rejected on the short ground that, as the married son of the deceased employee, he cannot seek employment assistance under the Compassionate Employment Scheme. This Court has in Rev. Mother, Delphine Mary V. State of Kerala (2002(1) KLT 137) and St. Ignatius High School V. State of Kerala (2005(3) KLT 1000) held that irrespective of marriage, the son or daughter of the deceased employee may have been dependent on the deceased employee, and that, while marriage may change the status of the son/daughter, his or her status as a dependent son or dependent daughter may continue. It was held that the mere fact that the son/daughter got married by itself will not indicate that he/she is not eligible for appointment under the Compassionate Employment Scheme. In the light of the authoritative pronouncements of this Court in the WPC 14217/09 3 aforesaid decisions, the decision taken by the Government and communicated to the petitioner in Ext.P6 cannot be sustained. In the result, Ext.P6 is quashed and the respondents are directed to re-consider the application submitted by the petitioner, after examining whether he was dependent on his father at the time of his death. Final orders in the matter shall be passed, in the light of the principles laid down by this Court in the aforesaid decisions, within a period of four months from the date of receipt of copy of this judgment. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE. mn.