IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WA.No. 2588 of 2007() -------------------------- AGAINST THE JUDGEMENT IN WPC.12422/2007 Dated 11/07/2007 .................... APPELLANT(S): PETITIONER IN THE WPC: ------------------------------------ SHAKEELA ASHRAF, AGED 38 YEARS, W/O.(LATE) T.A.ASHRAF (P.C. E-7217), SHAKEELA MANZIL, U.C.COLLEGE P.O. ALUVA-683 102, ERNAKULAM DISTRICT. BY ADV. SRI.P.A.NOOR MUHAMMED SRI.C.K.PRASAD RESPONDENT(S): RESPONDENTS IN THE WPC: -------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE-C), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, STATE OF KERALA , POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ERNAKULAM. 5. THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- W.A. No.2588 of 2007 ---------------------------------------------- Dated 13th January, 2009. J U D G M E N T Kurian Joseph, J. Appellant/petitioner is aggrieved since the writ petition filed by her for a writ of mandamus for appointment under the dying-in-harness scheme has been dismissed with an observation that she has to wait in the queue, and her case can be considered for appointment as and when her turn arises as per the scheme. According to the petitioner, it is more than five years since the petitioner made the application. But as rightly pointed out by the learned Government Pleader, she is only one among the several applicants waiting for appointment as per the scheme. As held by the Supreme Court in Sivamurthy v. State of Andhra Pradesh (2008(3) KLT 911(SC), the State is entitled to frame a scheme. It has also been held in the above decision by the apex court that compassionate appointment being an exception to the general rule of appointment, the same can be claimed strictly in WA NO.2588/07 2 accordance with the terms of the scheme and not by seeking any relaxation. Thus there is no merit in the appeal. It is accordingly dismissed. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- W.A. No.2588 of 2007 ---------------------------------------------- J U D G M E N T Dated 13th January, 2009.