IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 16297 of 2008(M) --------------------------------------- PETITIONER: ------------------- NIJIN BABU , K.C. KUNNEL HOUSE MARU.SOUTH P.O., ALUMKADAVU, KARUNAGAPPALY, KOLLAM DISTRICT. BY ADV. SRI.KALLADA K.SUKUMARAN, ADV. SMT.K.VIJAYAMMA. RESPONDENTS: ----------------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORIOTY, JALABHAVAN, THIRUVANANTHAPURAM-33 2. THE PRINCIPAL SECRETARY TO GOVERMENT, WATER RESOURCES (WSC) DEPARTMENT SECRETARIATE, TRIVANDRUM. 3. THE CHIEF ENGINEER , KERALA WATER AUTHORITY, (NORTHERN REGIONAL ) KOZHIKODE. 4. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, CANNANORE DIVISION, CANNANORE. ADV. SRI.M.DINESH, SC, KWA FOR R1 TO R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.16297 of 2008 ===================== Dated this the 25th day of August, 2008. JUDGMENT The petitioner's father Late N.Chandra Babu was an SLR Pump Operator in the Kannur Division of the Public Health Engineering Department of the State Government. Though he had completed 1792 days of service and was eligible for absorption as NMR worker, he breathed his last on 6.10.1987 before such absorption was made. After the death of the petitioner's father, the functions of the Public Health Engineering Department were taken over by the Kerala Water Authority. The petitioner, who was born on 9.5.1985 was below three years of age when his father passed away. After he attained the age of majority, he submitted Ext.P1 application for appointment under the Dying in Harness Scheme, which was turned down and the decision was communicated to the petitioner by the Chief Engineer of the Kerala Water Authority by Ext.P5 letter dated 21.1.2006. The petitioner has in this Writ Petition filed on 11.4.2008 prayed for the following reliefs: "(i) a writ of mandamus or any other order declaring that the petitioner is eligible for appointment under the Compassionate Employment Scheme, as a dependent of his late father Chandra Babu who was in the service of the PHED/KWA as CLR operator from 01.11.1982 till his death WP(C)16297/08 -: 2 :- on 06.11.1987 and was qualified for absorption as NMR worker. (ii) a writ of mandamus or any other order directing the 1st and 2nd respondents to allow Ext.P1 application and appoint the petitioner in the service of the Kerala Water Authority as L.D. Clerk under the Compassionate Employment Scheme." 2. The fact that the petitioner's father was an SLR worker having 1792 days of service and was eligible for absorption as an NMR worker is not in dispute. However, before the list of CLR workers eligible to be absorbed as NMR workers was finalised, the petitioner's father passed away on 6.10.1987. The petitioner contends that as his father was eligible to be absorbed as an NMR worker, the rejection of his application on the ground stated in Ext.P5 is not sustainable in law. 3. The Apex Court has in Umesh Kumar Nagpal v. State of Haryana -(1999) 4 SCC 138 held that appointment under the Dying in Harness Scheme is not a regular method of appointment and that the object of compassionate appointment is to enable the family of the deceased employee to tide over the sudden financial crisis and not to provide employment by descent. It was held that long after the death of the employee, appointments cannot be made under the Dying in Harness Scheme. In the instant case, the petitioner's father passed away on 6.10.1987. Therefore, even assuming that he was eligible to be absorbed as an NMR worker, the petitioner cannot 21 years after his father passed WP(C)16297/08 -: 3 :- away, claim or be granted appointment under the D0ying in Harness Scheme. The Writ Petition lacks merit and is accordingly dismissed. P.N.Ravindran, Judge. ess 25/8