IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21878 of 2011(H) -------------------------------- PETITIONER: -------------- GIPSA.S.HENDERSON, SHARON BHAVAN, MOOLAKONAM, KOOVALASSERY.P.O., THIRUVANANTHAPURAM-695512. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KILLIPPALAM, KARAMANA,THIRUVANANTHAPURAM-695 002. 4. DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695121. 5. CORPORATE MANAGER, L.M.S.SCHOOLS, LMS COMPOUND, THIRUVANANTHAPURAM-695033. 6. HEADMASTER, L.M.S. HIGH SCHOOL, AMARAVILA, NEYYATTINKARA,THIRUVANANTHAPURAM-695033. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21878/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 1.12.99 APPOINTING PETITIONER AS F.T. MENIAL EMPLOYEE. EXT. P2 : COPY OF ORDER DTD. 1.6.06 APPROVING PETITIONER AS PEON. EXT. P3 : COPY OF APPOINTMENT ORDER DTD. 11.6.10 APPOINTING THE PETITIONER AS L.D. CLERK. EXT. P4 : COPY OF DEATH CERTIFICATE DTD. 20.8.10. EXT. P5 : COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE OF PETITIONER. EXT. P6 : COPY OF CERTIFICATE OF HIGHER SECONDARY SCHOOL EXAMINATION. EXT. P7 : COPY OF APPLICATION OF EMPLOYMENT UNDER the SCHEME FOR COMPASSIONATE EMPLOYMENT. EXT. P8 : COPY OF REPRESENTATION DTD. 3.3.11 FILED BY PETITIONER BEFORE R5. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21878 OF 2011 --------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T The petitioner is an applicant for appointment under the dying-in-harness scheme. The petitioner has submitted Ext.P7 application in the form prescribed and subsequently Ext.P8 representation before the Management. 2. The petitioner is the daughter of Smt.S.R.Sheela Jasmine who entered service under the Management as Full Time Menial and was later promoted as Peon and as Lower Division Clerk. She was working in the L.M.S High School, Amaravila. The orders granting approval of appointment have been produced as Exts.P1 to P3. She expired while continuing in service on 10.08.2010. It is pointed out that the petitioner and the entire members of the family were depending upon the income from the salary of the deceased. The petitioner has produced as proof of her academic qualifications Exts.P5 and P6 namely, copies of the SSLC certificate as well as that of the Higher Secondary W.P.(C) No.21878/2011 2 Examination. The petitioner is seeking appointment in the post of Clerk as evident from clause 13 of Ext.P7. Since the application is said to be still pending and has not been finally disposed of, there will be a direction to the 5th respondent to take a decision on the application submitted by the petitioner, after considering all aspects in terms of Rule 51B of Chapter XIV-A KER and other Government Orders in the matter, and communicate the decision within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the 5th respondent for compliance. It is made clear that this Court has not expressed anything on the merits of the claim. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp