IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 19422 of 2010(C) -------------------------- PETITIONER(S): --------------- 1. S.VASANTHA, W/O. JANARDHANAN.V., RAJANI NIVAS, AKATHETHARA.P.O., CHERAD, PALAKKAD DISTRICT. 2. RAJITH.V., S/O. JANARDHANAN.V., RAJANI NIVS, AKATHETHARA.P.O., CHERAD, PALAKKAD DISTRICT. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.K.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT GOVERNMENT SECRETARIAT. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION,THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGIEER, SIRUVANI PROJECT CIRCLE, PALAKKAD. 4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA. 5. THE ASSISTANT EXECUTIVE ENGINEER, HEAD, WORKS SUB DIVISION, IRRIGATION DEPARTMENT, MALAMPUZHA. GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).19422/2010 -------------------- Dated this the 22nd day of June, 2010 JUDGMENT Petitioners are the wife and son of Late.V.Janardhanan, who retired from service on 31.5.2002 on attaining the age of 55 years and thereafter, expired on 5.12.2004. According to the 1st petitioner, Janardhanan was entitled to have been retained in service till the age of 58 years and that if so, he would have been in service at the time of his death. It is on that basis 1st petitioner has applied for appointment on compassionate grounds. 2. Admittedly Janardhanan has retired from service on attaining the age of 55 years. Retirement of Janardhanan was not challenged during his life time. Therefore that issue cannot be re-opened at this distance of time. If that be so, for the reason that Janardhanan ceased to be employed on attaining the age of superannuation, the claim for appointment on compassionate grounds, cannot be considered. Writ petition fails and it is accordingly dismissed. ANTONY DOMINIC, Judge mrcs