IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 28254 of 2009(B) -------------------------- PETITIONER(S): --------------- KOSHORE KUMAR.M.P., KOTTARATHIL ARUN NIVAS, VADAYAR.P.O., THALAYOLAPARAMBU-686605. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME(K) DEPARTMENT; GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVNANTHAPURAM. 3. THE DIST. SUPERINTENDENT OF POLICE KOTTAYAM. 4. THE DIST. COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28254/2009 -------------------- Dated this the 8th day of October, 2009 JUDGMENT Petitioner's father M.N.Ponnappan, a part-time sweeper in the Vaikom police station, died on 10.10.2006 in harness. Petitioner filed an application on 30.3.2007 for an employment under the dying-in-harness Scheme. 2. His application was recommended by the District Collector. But by Ext.P5, Government has rejected the same on the ground that the petitioner was married at the time of filing the application for appointment. Ext.P5 has been challenged in this writ petition. 3. This Court has repeatedly held that an application for appointment under the dying-in-harness scheme cannot be rejected on the ground that the applicant has married son or daughter as the case may be. It is unfortunate that the Government continues to persist with the view that an applicant under the dying-in-harness scheme for appointment in the Government Departments, is disabled from pursuing his application merely because the applicant is married. W.P.(C).28254/09 2 4. In the result, Ext.P5 is set aside. 1st respondent shall take a fresh decision on the petitioner's application for appointment under the employment scheme as a legal heir of M.N.Ponnappan, former part-time sweeper in the Vaikom police station in accordance with Ext.P2 and any other orders issued in that behalf. Fresh orders shall be passed within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs