IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 29064 of 2010(G) ------------------------ PETITIONER : ----------------- BIJITH S., PLANT OPERATOR/ELECTRICIAN KERALA LIVESTOCK DEVELOPMENT BOARD, KULATHUPUZHA, KOLLAM DISTRICT. BY ADV. SRI.S.ARUN RAJ RESPONDENT(S): ------------------------ 1. KERALA LIVESTOCK DEVELOPMENT BOARD LTD, GOKULAM, PATTOM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA LIVESTOCK DEVELOPMENT BOARD LTD, GOKULAM, PATTOM, THIRUVANANTHAPURAM-695 004, 3. SECRETARY, DEPARTMENT OF AGRICULTURE (AHF),GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001, 4. GOVERNMENT OF KERALA, DEPARTMENT OF AGRICULTURE (AHF), THIRUVANANTHAPURAM-695 001., REPRESENTED BY ITS SECRETARY. R1 & R2 BY ADV.SRI.MILLU DANDAPANI, SC,KERALA LIVESTOCK DEV.BOARD R3 & R4 BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29064 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of September, 2010 J U D G M E N T The petitioner is the son of late K. Sasidharan who died while in the service of the 1st respondent. The 1st respondent has adopted the Compassionate Employment Scheme framed by the Government for giving employment to dependants of persons who die-in-harness. As a dependant of late K. Sasidharan the petitioner applied for appointment to the post of Junior Operational Superintendent in the staff category under the Scheme. According to the petitioner, his qualification, namely, Diploma in Electrical Engineering is sufficient qualification for that post. By Ext.P1 letter dated 20.03.2001 the petitioner was offered the post of Plant Operator under the worker category. He was directed to submit his written willingness for that post. According to the petitioner, although he was eligible to be appointed as Junior W.P.(C)No. 29064 of 2010 -2- Operational Superintendent, because of the financial difficulties faced by the family at that time the petitioner was forced to accept that post. Thereafter the petitioner represented for appointment in the post of Junior Operational Superintendent, which has not been considered favourably. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i) To call for the records leading to the issuance of Exhibit P-13 decision of the 3rd respondent and to quash the same by issuing a writ of certiorari; ii) To issue a writ of mandamus directing the respondents to appoint the petitioner to the post of Junior Operational Superintendent in the staff category with effect from 1-8-2002; iii) to issue a writ of mandamus directing the respondents to appoint the petitioner in the establishment category, on the basis of the petitioner's qualification, as per Exhibit P-2 staff structure approved by the Government.” As per the Compassionate Employment Scheme framed by the Government, it is specifically stipulated that, once an offer of appointment to a post is accepted by the dependant, he cannot later seek appointment to a higher post or seek change of category. The petitioner has accepted the post W.P.(C)No. 29064 of 2010 -3- offered to him as early as in 2001, fully knowing the consequences of accepting the same. That being so, the petitioner cannot now raise a claim for appointment to a different post or a higher post. In the above circumstances, I do not find any merit in the writ petition. Accordingly the same is dismissed. The other contentions regarding other service benefits raised by the petitioner are left open to be agitated before the respondents appropriately. S. SIRI JAGAN JUDGE shg/