IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 15982 of 2008(C) -------------------------- PETITIONER(S): --------------- JOSEPH.T., KILLIYANTHARA PADEETTATHIL HOUSE, AKAMKUDI P.O., PALLIPPAD, ALAPPUZHA DIST. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE PUBLIC WORKS DEPARTMENT, REP. BY ITS CHIEF ENGINEER, THIRUVANANTHAPURAM. 3. THE ASST.ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING SECTION, MAVELIKKARA. GOVERNMENT PLEADER SMT. ANUSIVARAMAN FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the application dated 21.2.2006 submitted by the petitioner. Ext.P2. True copy of the letter dated 20.2.2007 issued by the Ist respondent. Ext.P3. True copy of the certificate dated 7.2.2007 issued by the Tahsildar,Karthikappally. Ext.P4. True copy of the order dated 15.4.2008 issued by the Ist respondent. Ext.P5. True copy of the G.O(P)12/99/P & ARD dated 24.5.1999. // true copy// P.A to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.15982 OF 2008 (C) -------------------------------------------------- Dated this the 29th day of October, 2009 J U D G M E N T Petitioner claims to be the son of C. Thankappan @ Thankachan, who was a Part Time Sweeper in the office of the 3rd respondent. Sri. Thankappan expired on 7.10.2005, after rendering about 22 years of service. Petitioner thereafter submitted Ext.P1 application for employment under the dying in harness scheme. That was considered and rejected by Ext.P4 order dated 15.4.2008 stating that married sons and daughters are not considered as dependents of the Government Servant who died in harness and hence are excluded from the purview of the scheme. It is challenging this order that the writ petition is filed. In the cases of similar nature, as already held, marriage by itself will not render one ineligible to claim employment under the dying in harness scheme. In Ext.P4 the only reason stated for rendering the petitioner ineligible for the benefit of the scheme is marriage and having regard to the judgments of this court, the reasoning adopted in Ext.P4 cannot be upheld. Reference in this WPC.No.15982 /08 :2 : connection is made to Ashkarali V. State of Kerala (2009(1) KLT S.N.17). Therefore, Ext.P4 will stand set aside and the first respondent is ordered to reconsider the matter duly adverting the dependency factor and decide on Ext.P4. This shall be done as expeditiously as possible and at any rate within two weeks from the date of production of a copy of the judgment before the first respondent. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/