IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 9048 of 2009(A) ------------------------- PETITIONER: --------------- SABEESH.K.,SABI NIVAS, KUDUKANGAL,MEDICAL COLLEGE P.O., KOZHIKODE. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY SECRETARY TO HEALTH & FAMILY WELFARE (H) DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE SUPERINTENDENT, INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.9048 of 2009 -------------------------- Dated this the 20th March,2009 J U D G M E N T The petitioner is aggrieved by the rejection of his application for compassionate employment for the reason that married son is not eligible for employment assistance as per G.O (P) 12/99/P&ARD dated 24.5.1999. The petitioner's father while working as Theatre Attender died on 20.11.2005 after 36 years of his service in the Health Department. 2. Apart from the petitioner, the deceased is survived by his wife Sarala and daughter Sabina. All of them were dependents of their father for their livelihood. Exhibit-P1 is the application submitted by him. All the required formalities have been complied with and the necessary documents have been forwarded also. Ultimately by Exhibit-P5 the Government rejected the same for the reasons mentioned earlier. W.P ( C) No.9048 of 2009 2 3. The issue whether a married son or daughter can be denied appointment under the relevant Government Order was considered by this Court in the decision reported in Ashkarali Vs. State of Kerala [2009 (1) KLT S.N 17) . Relying upon the earlier decision of this Court namely Rev. Mother, Delphine Mary Vs. State of Kerala [2002 (1) KLT 137 DB] and St. Ignatius High School Vs. State of Kerala [2005 (3) KLT 1000]. This Court 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. 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. 4. In the light of the above dictum, the stand taken in Exhibit-P5 that the application cannot be entertained is not correct. Therefore, Exhibit-P5 is quashed. There will be a direction to the 1st respondent to re-consider Exhibit- W.P ( C) No.9048 of 2009 3 P1 application in accordance with the scheme and pass appropriate orders within a period of three months from the date of receipt of a coy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.9048 of 2009 4 W.P ( C) No.9048 of 2009 5