IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 OP.No. 20223 of 2002(G) ----------------------- PETITIONER: ---------------- JACOB HURLY S/O. ARUKULASSERY SUNDARAN, PALLITHODE P.O., ALEPPY. BY ADV. SRI.K.G.BALASUBRAMANIAN SRI.ALEXANDER MATHEW SMT.SREEKALA KRISHNADAS RESPONDENTS: ------------------ 1. THE CORPORATE MANAGER, DIOCESE OF ALLEPPY, ALLEPPY. 2. THE D.E.O., CHERTHALA. BY ADV. SMT.K.T.LILLY @ LILLY JAMES GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 20223 of 2002 ORDER ON C.M.P.NO.34703/02 IN O.P.NO.20223/02 DISMISSED 7.2.2008 SD/- S. SIRI JAGAN, JUDGE. PETITIONER'S EXHIBITS EXT.P1: COPY OF PETITIN SUBMITTED BY PETITIONER DTD 27TH JULY 2001 BEFORE R2. EXT.P2: COPY OF LETTER NO.B2/063/2001 DTD 17.11.2001 GIVEN BY R2 TO R1 WITH COPY TO PETITIONER. 1ST RESPONDENT'S EXHIBITS. EXT.R1(1): COPY OF RELEVANT PAGES OF GO(P) NO.1299/P&ARD DT.24/5/1999. EXT.R1(2): COPY OF THE REPLY DTD 26.11.2001 TO THE PETITIONER AND R2. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.20223 OF 2002 ---------------------------------------- Dated this the 7th day of February, 2008 JUDGMENT The petitioner's father late Sundaran was a Peon in the School of the 1st respondent, which is an aided School. The said Sundaran expired on 29.6.1987. The petitioner submits that as a dependant of the said Sundaran, the petitioner is entitled to compassionate employment in any of the Schools managed by the 1st respondent. The petitioner therefore seeks the following reliefs: “a) a Writ of Mandamus or such other Writ, Order or Direction as this Hon'ble Court may deem fit and direct the 2 nd respondent to compel the 1 st respondent to appoint the petitioner in any post in any of the schools under the 1 st respondent, b) a direction to the 2 nd respondent to take action against the 1 st respondent as per Kerala Education Rules for non-compliance with Ext.P2. 2. The 1st respondent has filed a counter affidavit, in which it is stated that although at the time of death of Sundaran the petitioner was a minor, he attained majority as early as in O.P.No.20223/2002 2 1990 and that first request made by the petitioner for compassionate employment was on 10.7.2000 and therefore the petitioner is not entitled to any reliefs at this point of time. 3. I have considered the rival contentions in detail. It is settled law that the compassionate employment is intended for giving immediate succour to the family to overcome the financial difficulties faced by the family on account of the death of its bread winner. This Court and the Supreme Court has repeatedly frowned upon the practice of giving compassionate employment after years of the date of death. In fact Rule 51B of Chapter XIVA of the KER to which the Government orders on compassionate employment are made applicable, requires that applications for compassionate employment shall be filed within two years from the date of attaining majority. The petitioner has not done so. Even otherwise, except filing Ext.P1 petition on 27.7.2001, the petitioner does not seem to have taken any steps to get his grievances redressed at the appropriate time. He has also not produced any other document, which would show that he had pursued the matter deligently. In the above circumstances, I am not inclined to O.P.No.20223/2002 3 entertain this writ petition in exercise of my discretionary jurisdiction under Article 226 of the Constitution of India and accordingly the original petition is dismissed. S. SIRI JAGAN, JUDGE Acd