IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 34561 of 2005(M) ---------------------------------------- PETITIONER(S): ------------------------ M.V. VIMALA, D/O. KRISHNAN, VIMALA BHAVAN, NEAR RED STAR CLUB, THALIYIL, KANNUR UNIVERSITY P.O., PIN-670 567. BY ADVS.MR.ALEXANDER THOMAS MR.BIJUMON JACOB RESPONDENT(S): ----------------------- 1. KANNUR UNIVERSITY, REP. BY ITS REGISTRAR, UNIVERSITY ADMINISTRATIVE OFFICE, MANGATTUPARAMBA, KANNUR UNIVERSITY P.O., KANNUR-670 567. 2. THE VICE CHANCELLOR, KANNUR UNIVERSITY UNIVERSITY ADMINISTRATIVE OFFICE MANGATTUPARAMBA, KANNUR UNIVERSITY P.O., KANNUR-670 567. 3. THE DISTRICT COLLECTOR, KANNUR. 4. SMT.K.C. ROOHA, `PREETH NIVAS' PANAMKAVU, CHIRAKKAL P.O., KANNUR DISTRICT, PIN-670 011. R1 & R2 BY ADV. MR. K.JAJU BABU, SC, KANNUR UNIVERSITY R1 & R2 BY MR. M.SASEENDRAN,SC,KANNUR UNIVERSITY R3 BY GOVT. PLEADER R4 BY ADV. MR.V.RAMKUMAR NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34561/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(MS)311/02/GAD DTD. 18.9.02 GRANTING COMPASSIONATE APPOINTMENT TO R4 IN STATE GOVT. SERVICE. P2:- COPY OF THE LETTER NO.AD.A1/2342/2004(2) DTD. 21.6.05 ISSUED BY R1 UNIVERSITY. P3:- COPY OF THE APPLICATION OF R-4 FOR COMPASSIONATE APPOINTMENT UNDER R1. P4:- COPY OF THE PETITIOENR'S REPRESENTATION DTD. 25.8.05. P5:- COPY OF THE LAWYER'S NOTICE DTD. 3.9.05 ISSUED ON BEHALF OF PETITIONER. P6:- COPY OF THE PETITIONER'S REPRESENTATION BEFORE R.4. R4(a):- COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE TAHSILDAR, TALUK OFFICE, TALIPARAMBA, DTD. 8.9.05. R4(b):- COPY OF THE CERTIFICATE ISSUED BY THE KANNUR UNIVERSITY DTD. 15.3.08. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34561/2005-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of November, 2009 J U D G M E N T The rival claim for appointment under the compassionate scheme of the first respondent-University between the petitioner and the fourth respondent has resulted in the petitioner approaching this Court with this Writ Petition. She is the sister of late Shri M.V.Raveendran and the fourth respondent is his widow. The petitioner remained unmarried and the case of the petitioner is that she was depending upon her brother for sustenance. Her application for appointment under the scheme was rejected as per Ext.P2 stating that as per various Government Orders, she is not eligible. In the meanwhile, the fourth respondent also submitted application as per Ext.P3, seeking for appointment as Lower Division Clerk Grade-II as first option and Computer Programmer as second option in the University. The petitioner thereafter, filed Ext.P4 representation before the Vice Chancellor and, as the petitioner apprehended that the fourth respondent will be granted the appointment, this writ petition was filed. W.P.(C).No.34561/2005 -:2:- 2. The fourth respondent has filed a counter affidavit justifying her claim. 3. The learned counsel for the petitioner submitted that the fourth respondent has already availed the benefit of employment under the dying-in-harness scheme of the State Government and as per Ext.P1 she obtained employment as Lower Division Clerk consequent on the death of her brother. 4. The learned counsel for the petitioner submitted that since the fourth respondent is financially sound and the petitioner is only depending upon her temporary employment in the first respondent-University, the said fact will have to be examined by the University and after due enquiry with regard to the financial status of the parties etc, a decision be taken on the request of the petitioner regarding the entitlement under the compassionate scheme. 5. Therefore, the writ petition is disposed of directing the first respondent to take a decision regarding the entitlement of the petitioner, untrammelled by the view taken in Ext.P2, with notice to the petitioner and the fourth respondent and, after making due enquiry regarding the financial status of both the parties by the revenue officers, and to pass appropriate orders. The respondents W.P.(C).No.34561/2005 -:3:- 1 and 2 will be free to approach the third respondent in the matter to get the details through the revenue officers concerned. The first respondent will take appropriate decision within a period of two months from the date of receipt of a copy of this Judgment. In the peculiar facts and circumstances of the case, till a decision is taken, the petitioner will not be disengaged from the present temporary employment in the University. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms