IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 OP.No. 25493 of 2002(I) ------------------------------------ PETITIONER(S): ---------------------- SUSAMMA CHANDY, D/O. MATHAI CHANDI, AGED 29, SOONIYAPALI HOUSE, VENMAZHY, PANDANADU P.O., CHENGANNUR. BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, CENTRAL SECRETARIAT, NEW DELHI. 2. THE DIRECTOR GENERAL, INFANTRY, ARMY HEAD QUARTERS, 2A/3, ASAF ALI ROAD, KUNDAN MANSION, DELHI. 3. THE DIRECTOR OF EMPLOYMENT EXCHANGE, MINISTRY OF LABOUR (DGE & T) EX-SERVICEMAN, 2A/3, ASIF ALI ROAD, KUNDAN MANSION, DELHI. 4. THE DIRECTOR, MADRAS REGIMENT, ABISHEK KARALAYA, RECORDS POST BAG NO.1, WELLINGTON, NILAGIRI, TAMIL NADU STATE. 5. THE DIRECTOR GENERAL OF RESETTLEMENT, MINISTRY OF DEFENCE, THE ZILLA ZAINIK BOARD, ALAPPUZHA. ADV. SRI.DINESH R.SHENOY, ADDL.CGSC SRI.CYRIAC KURIAN, CGSC FOR R1 TO 5 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.43329/2002 IN OP. NO.293/2002 DISMISSED 30/08/2010 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER NO.2551213/WEL/22/NR-2 DTD. 19.6.1997 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE INTIMATION LETTER ISSUED BY THE DIRECTOR OF EMPLOYMENT EXCHANGE DTD. 26.8.1998. P3:- COPY OF THE JUDGMENT IN OP. NO.14458/2001 DTD. 13.11.2001 OF THIS HONOURABLE COURT. P4:- COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DTD. 26.8.2002 IN CCC. NO.624/2002 BEFORE THIS HONOURABLE COURT. P5:- COPY OF THE INTIMATION NO.DGET-7(2)/2002-XS. CEL DTD. 12.8.2002. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE LETTER NO.14014/6/86 (ESTT(D) DTD. 30TH JUNE 1987. R1(b):- COPY OF THE LETTER NO.E/05183/MADRAS/REJ/INF-6 (PERS) DTD. 23RD REB. 1998. R1(c):- COPY OF THE LETTER NO.2551213/EMP/232/NE-2 DTD. 7TH AUGUST 1998. R1(d):- COPY OF THE GOVT. OF INDIA MEMORANDUM BNO.4014/19/02 DTD. 5TH MAY 2003. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. ------------------------------ O.P. No.25493 OF 2002 ------------------------------- Dated this the 30th day of August, 2010 J U D G M E N T The petitioner is the daughter of late Sri. Mathai Chandy, who died while serving as a Naik in the Madras Regiment in 1972. At that time, the petitioner was a minor. When she became major, she applied for employment under the Compassionate Employment Scheme of the Union of India. The petitioner filed an application, complying with all the formalities thereof, which was accepted and the petitioner's claim was registered in accordance with the Scheme for compassionate employment in accordance with the priority. That was done as early as on 26.8.1998 by Ext.P2. Since nothing happened for several years, the petitioner filed O.P.No.14558/2001, in which by Ext.P3 judgment, the third respondent was directed to consider the claim of the petitioner. Since nothing was done, a Contempt Case was filed namely, CCC No.624/2002, in which by Ext.P4 statement, it was submitted that the name of the petitioner will be sponsored in future as and when priority vacancies suited to O.P.No.25493/02 2 her age and qualifications are notified in the Ex-Servicemen Cell of DGET from Central Government establishments. But still nothing happened and therefore, the petitioner has filed this original petition in the year 2002 seeking the following relief: “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st Respondent to provide employment assistance to the Petitioner forthwith” 2. A counter affidavit has been filed on behalf of the respondents, wherein the stand taken is that the same as in Ext.P4 statement filed earlier in the contempt case. It is stated therein that the number of vacancies to which appointments can be made under the Compassionate Employment Scheme is limited and priority also has to be followed. It is stated that the petitioner herself has lessened her chances of employment by opting only for States of Kerala, Tamil Nadu and Karnataka in the application form itself. 3. In answer to the same, the learned counsel for the petitioner would contend that the petitioner has given the options only because the application form wanted the petitioner to specify her preferences and the petitioner is O.P.No.25493/02 3 prepared to work anywhere in India. 4. I have considered the rival contentions in detail. It is sad that the dependant of a 'jawan', who died in harness in 1972 is still not given an employment under the Compassionate Employment Scheme held out by the Union of Indian even after 38 years. The petitioner's claim for compassionate employment has been accepted as early as on 26.8.1998. Even thereafter 12 years have elapsed. I think that it is cruel for the respondents to ask the petitioner to wait still further for employment as the dependant of a deceased 'jawan'. I am of opinion that, that would also be a disrespect to the jawan, who served the country. In the above circumstances, I dispose of this original petition with a direction to the respondents to provide the petitioner with an employment under the Compassionate Employment Scheme, if necessary, by creating a supernumerary post, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd O.P.No.25493/02 4 O.P.No.25493/02 5