IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 24453 of 2010(F) ------------------------- PETITIONER : --------------- NITHIN SHAJ K, S/O.P.C.SHAJU, AGED 22 YEARS, KANDANKULANGARA HOUSE, C/O.VANDANA FILMS, PINANGODE ROAD, KALPETTA, WAYANAD-673 121. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): ------------------------- 1. THE DISTRICT MEDICAL OFFICER OF HEALTH, WAYANAD DISTRICT. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DEPUTY SECRETARY, HEALTH & SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 4. THE STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH & SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24453 of 2010(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SERVICE CERTIFICATE DATED 19.12.2007 ISSUED BY MEDICAL OFFICER, PRIMARY HEALTH CENTER, VAZHAVATTA. EXT.P2 : COPY OF THE APPLICATION DATED 26.5.2006 SUBMITTED BY THE PETITIONER. EXT.P3 : COPY OF CONSENT LETTER DATED 26-5-2006. EXT.P4 : COPY OF THE CONSENT LETTER DATED 26.5.2006. EXT.P5 : COPY OF THE CHECK LIST IN APPENDIX – B. EXT.P6 : COPY OF THE LETTER 16.6.2006 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P7 : COPY OF THE GOVERNMENT ORDER DATED 5.5.2008 ISSUED BY THE 3RD RESPONDENT. EXT.P8 : COPY OF THE REPRESENTATION DATED 20.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.24453 OF 2010 --------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT The petitioner is the son of late Smt. Annamma P.S., who died on 22.3.2005 while working as Junior Public Health Nurse in the Health Service Department of the Government of Kerala. The petitioner applied for compassionate employment under the Compassionate Employment Scheme of the Government. The Government, by Ext.P7 order, allowed the prayer of the petitioner and directed the Director of Health Services to take appropriate action in the matter. But, although that order was passed on 5.5.2008, the petitioner was not given an appointment and posting in accordance with Ext.P7 order, is the grievance of the petitioner. On 8.9.2010, I passed the following order: “The learned Government Pleader on instructions submits that, although the Government have decided to give compassionate employment to the petitioner, at present the petitioner cannot be appointed for want of sufficient vacancies. According to him, only 5% vacancies are set apart for giving compassionate employment and the petitioner is the 6th in the seniority list. I am of opinion that, such a stand would defeat the very purpose of the scheme of compassionate employment. This court and the Hon'ble Supreme Court has repeatedly held that, the very object of W.P.(C)No.24453/10 2 the compassionate employment is to give immediate succor to the family of the deceased Government employee which is in distress on account of the death of the Government employee. In one case the Hon'ble Supreme Court has even held that, if necessary, appointments shall be made by creating supernumerary vacancies. Therefore the government shall consider the matter and give a considered opinion on the basis of the above observations and the decisions of this court and the Hon'ble Supreme Court within a period of one month. Today, the learned Government Pleader submits that there are two vacancies in Wayanad District as L.D.Clerk and the petitioner can be appointed in one of those vacancies. Accordingly, this writ petition is disposed of with a direction to the first respondent to issue to the petitioner an appointment order appointing the petitioner in one of those vacancies within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.24453/10 3 W.P.(C)No.24453/10 4