IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 12706 of 2004(K) ---------------------------------------- PETITIONER(S): ------------------------- VALASALAKUMARI AMMA.L. ALIAS VALASALAKUMAARI.L., WIDOW OF LATE APPUKUTTAN PILLAI. P., (NO.1077325, KALD(TS),75,ARMOURED REGIMENT), NADUVILATH PUTHEN VEEDU, KARAZHMA WEST, CHERUKOLE P.O.MAVELIKKARA, ALAPPUZHA. BY ADVS. MR.P.V.SURENDRANATH, SMT.BINDUMOL JOSEPH. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL ADMINISTRATION, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, DIRECTORATE OF SAINIK WELFARE, VIKAS BHAVAN, TRIVANDRUM. 3. THE ZILA SAINIK WELFARE OFFICER, ALAPPUZHA. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF DEFENCE, CENTRAL SECRETARIAT, NEW DELHI 5. RECORD OFFICER, ARMED COPS RECORDS, P.B.NO.55, AHAMEED AGAR 414 002. R1 BY GOVERNMENT PLEADER SMT. SUDHADEVI R4 & R5 BY ADV. MR.A.SUDHI VASUDEVAN, ADDL.CGSC BY ADV.MR. P.B. SUNIL NATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2009 ALONG WITH OP NO. 38809 OF 2001, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12706/2004 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ATTRIBUTABILITY CERTIFICATE ISSUED BY THE RECORD OFFICER DTD. 15/01/2000. EXT.P2: COPY OF THE G.O.(P) 315/96/GAD DTD. 12/11/1996. EXT.P3: COPY OF THE PETITIONER'S APPLICATION FOR EMPLOYMENT ASSISTANCE DTD. 3/08/99. EXT.P4: COPY OF THE CERTIFICATE FROM TALUK OFFICER TO PROVE THE RELATION SHIPS TO THE SERVICE MAN DTD. 27/07/99. EXT.P5: COPY OF THE CONSENT FROM THE OTHER DEPENDANTS DTD. 3/08/99. EXT.P6: COPY OF THE RELEVANT PAGES OF THE PETITIONER'S SSLC BOOK IN MARCH 1981. EXT.P7: COPY OF THE FORWARDING LETTER ISSUED BY THE 3RD RESPONDENT DTD. 18/08/1999. EXT.P8: COPY OF THE FORWARDING LETTER DTD. 31/1/2000. EXT.P9: COPY OF THE LETTER DTD. 15/02/2000 ISSUED BY THE 2ND RESPONDENT. EXT.P10: COPY OF THE REPRESENTATION TO THE CHIEF MINISTER OF KERALA DTD. 24/02/2000. EXT.P11: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DTD. 18/05/2001. EXT.P12: COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD.19/12/2003 IN O.P.NO.11143/2000. EXT.P13: COPY OF THE ORDER DTD. 27/02/2004 ISSUED BY THE 1ST RESPONDENT PURPORTED TO BE ISSUED IN COMPLIANCE OF EXT.P12 JUDGMENT OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.12706 of 2004-K & O.P.38809 of 2001-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of November, 2007. O R D E R 1.Having perused the materials in WP(C).No.12706/2004 and having heard counsel for the parties, there will be an interim direction to respondents 1 to 3 in WP(C). No.12706/2004 to keep one vacancy for appointment from among ex-servicemen unfilled until the disposal of the said writ petition. If a vacancy is available in Alappuzha district, that vacancy shall be kept unfilled. 2.Following the order dated 25th July, 2007, the Railway authorities have not stated before this Court as to what is WP(C)12706/04 & con.case -: 2 :- the amount that could be paid as compensation on account of the death of the husband of the petitioner in the railway accident in question. The Indian Railways, as of now represented through the Secretary to Government in the Ministry of Railways, Government of India, the 5th respondent in O.P.38809/2001 will place on record any reason why the relief to pay an amount of Rs.10 lakhs as interim compensation to the petitioner should not be granted to him. In the absence of any compensation being offered, an order for interim compensation of Rs.10 lakhs would be issued. 3.The learned counsel for the Central Government will place further materials on record before the next date of hearing as to how the concept of the operational area is decided. Specific regulations, rules etc. governing the field shall be placed on record rather than make bald statements by way of pleadings, so that this Court should come to a stage where it can finally dispose of these writ WP(C)12706/04 & con.case -: 3 :- petitions by the widow of a person who died in 1998 while serving the Army. 4.Post on 27-11-2007. Hand over to all sides. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/