IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 6771 of 2006(F) --------------------------------------- PETITIONER(S): ------------------------ GEETHA. R., D/O. LATE K. NARAYANAN THENGUVILA VEEDU, ANTHIYOOR BALARAMAPURAM, NEYYATTINKARA, TRIVANDRUM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVT. DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE CORPORATION OF THIRUVANANTHAPURAM REP. BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. * ADDL. R5 & R6 IMPLEADED ADDL. R5: A. RAJAMMA, W/O.LATE NARAYANAN, GIRIJA BHAVAN, MYLAMOODU, ANTHIYOOR DESOM, NELLIVILA, BALARAMAPURAM, THIRUVANANTHAPURAM. ADDL. R6: R. GIRIJA, D/O.LATE RAJAMMA, GIRIJA BHAVAN, MYLAMOODU, ANTHIYOOR DESOM, NELLIVILA, BALARAMAPURAM, THIRUVANANTHAPURAM. * ADDL. R5 & R6 ARE IMPLEADED AS PER ORDER DATED 10/12/2009 IN I.A.14153/2009. R1, R2 & R4 BY GOVT. PLEADER MR.ANTONY MUKKATH. R3 BY ADV. SRI.N.NANDAKUMARA MENON, SC,TVM CORPN. ADDL. R6 BY ADV. SRI.G.SUDHEER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 6771 of 2006(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S FATHER K. NARAYANAN. EXT.P2: COPY OF THE AGREEMENT DATED 26/12/2003. EXT.P3: COPY OF THE CERTIFICATE OF PHYSICAL FITNESS DATED 09/04/2004 ISSUED FROM THE GOVT. HOSPITAL, NEMOM, THIRUVANANTHAPURAM. EXT.P4: COPY OF THE REPRESENTATION DATED 22/01/2005 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE ACKNOWLEDGMENT RECEIPT NO.003920 DATED 22/01/2005 ISSUED BY THE OFFICE OF THE RESPONDENT ON RECEIPT OF EXT.P4 REPRESENTATION. EXT.P6: COPY OF THE JUDGMENT DATED 24/05/2005 IN WP(C) NO. 14090/2005. EXT.P7: COPY OF THE SAID REPRESENTATION DATED 28/06/2005 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8: COPY OF THE SAID LETTER NO.57124/B4/04/LSGD, DATED 29/10/2005, ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE SAID REPRESENTATION DATED 13/12/2005 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P10: COPY OF THE LETTER NO.GA7/46749/07, DATED 01/11/2007 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P11: COPY OF THE CONSENT LETTER DATED 11/05/2010 GIVEN BY THE ADDITIONAL 5TH RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION DATED 17/05/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, EXT.P13: COPY OF THE RECEIPT NO.84179, DATED 17/05/2010 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 6771 of 2006 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of August, 2011. J U D G M E N T The petitioner is the elder daughter of Sri. K. Narayanan, who was a sanitary worker in the Corporation of Thiruvananthapuram. He died while in service on 28.11.2003. The petitioner applied for compassionate employment under the compassionate employment scheme of the Government, which has been adopted by the Corporation. There arose a dispute as between the petitioner on the one hand and her mother and sister on the other, as a result of which, the employment was not given to anybody. By judgment in W.P(C) No. 14090/205, this Court permitted the petitioner to withdraw the writ petition with liberty to the petitioner to move the 2nd respondent, who is the appointing authority for such appointment. However, the petitioner was informed that without the consent letter of the petitioner's mother, employment could not be given to the petitioner. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i. To quash Ext.P8 by issuing a writ of certiorari or any other appropriate writ, order or direction; ii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to consider the claim of the petitioner to appoint her under the 3rd respondent in the dieing in harness scheme in the vacancy arose due to the death of her father K. Narayanan in the light of Ext.P2; iii. declare that Ext.P2 is legally valid and sufficient to treat as consent of the petitioner's mother and younger sister to give appointment to the petitioner under the 3rd respondent in the dieing in harness scheme in the vacancy arose due to the death of her father K. Narayanan; iv. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondent to consider and pass orders on Ext.P7 and P9 representations within a time limit to be fixed by this Hon'ble Court.” 2. On the direction of this Court, the petitioner has impleaded her mother and sister as additional respondents in the writ petition. In the counter affidavit filed by the 1st respondent also, the stand taken is that without the consent from the widow of the deceased employee, employment cannot be given to either of the two daughters. The petitioner has now filed I.A. No. 6487/2010 producing Ext.P11 consent letter from the 5th respondent-mother. The 6th respondent has not filed any counter affidavit . In the above circumstances, The 2nd respondent shall pass orders on the application for compassionate employment filed by the petitioner taking into account Ext.P11 consent letter from her mother insofar as, as per clause 14(b) of the compassionate employment scheme, whenever there is a dispute between two dependents, the person recommended by the widow of the Government servant shall be preferred. This shall be done as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment. S. Siri Jagan, Judge. Tds/