IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 19641 of 2010(E) -------------------------- PETITIONER: --------------- MOHAMMED NOUSHAD.K, ZAINAS, ANAYIDUKU, P.O. THANA, KANNUR -12. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.T.P.SAJID SMT.P.S.MAHESWARI RESPONDENTS: --------------- 1. SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S-2) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. DILIP MOHAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------- W.P.(C) No. 19641 OF 2010 -------------------------- Dated this the 9th day of July, 2010 J U D G M E N T The father of the petitioner died-in-harness on 23.3.2005 while working as Full-time junior language Arabic Teacher in Government U.P.School, Neerchal. After obtaining consent from the legal heirs the petitioner, who is the son of the deceased, submitted an application for getting appointment under the dying-in-harness scheme. The said application submitted by the petitioner was rejected as per Ext.P1 on the ground that the petitioner is married. This writ petition has been filed challenging Ext.P1 and also with a further prayer for issuance of a writ of mandamus commanding the first respondent to reconsider the application submitted by the petitioner on 9.5.2005 for employment assistance under the Compassionate Employment Scheme and pass orders thereon. The main contention of the petitioner is that Ext.P1 is unsustainable in the light of the decisions of this Court reported in Rev.Mother, Delphine Mary v. State of Kerala (2002 (1) KLT 137) and St.Ignatious High School v. State of Kerala (2005 (3) KLT 1000). The learned Government Pleader has also brought to my attention WPC No.19641/2010 2 that subsequently the Government themselves included the category of married son and daughter among eligible categories for appointment under the dying-in-harness scheme. In the light of the aforesaid decisions and also the subsequent development, I am of the view that Ext.P1 requires reconsideration. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider the application dated 9.5.2005 submitted by the petitioner for employment assistance under the Compassionate Employment Scheme afresh expeditiously, at any rate, within a period of three month from the date of receipt of a copy of this judgment. To enable the first respondent to reconsider the same, Ext.P1 is set aside. It is made clear that this Court has not made any observation with respect to the merits of the contentions raised by the petitioner for appointment under the dying-in-harness scheme. C.T.RAVIKUMAR (JUDGE) vps WPC No.19641/2010 3 WPC No.19641/2010 4