IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 26954 of 2007(H) ----------------------------------- PETITIONERS: -------------------- 1. VIDHYA MURALEEDHARAN, D/O.LATE MURALEEDHARAN.K., KODUVALIL KIZHAKKATHIL HOUSE, BHARANICKAVU P.O., VIA. PALLICKAL, KAYAMKULAM, ALAPPUZHA DISTRICT- 690541. 2. VALSALA, W/O.LATE MURALEEDHARAN.K., KODUVALIL KIZHAKKATHIL HOUSE, BHARANICKAVU P.O., VIA. PALLICKAL, KAYAMKULAM, ALAPUZHA DISTRICT- 690541. BY ADV. SRI.S.PRAKASH RESPONDENTS: ---------------------- 1. THE DIRECTOR GENERAL OF CRPF, OFFICE OF THE DIRECTOR GENERAL, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI. 2. INSPECTOR GENERAL OF POLICE, CRPF, SOUTHERN SECTOR, KESAVAGIRI P.O., HYDERABAD, ANDRA PRADESH. 3. ADDITIONAL DIGP-CRPF, GROUP CENTRE, PALLIPURAM P.O., THIRUVANANTHAPURAM, KERALA STATE. BY ADV. SRI.GEORGE JOSEPH, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 26954/2007H APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE DEATH REPORT AND CONDOLENCE MESSAGE ISSUED TO THE P2 FROM THE OFFICE OF THE R3. EXT.P2. COPY OF THE DEATH CERTIFICATE ISSUED BY THE GOVT. OF KERALA DT. 20/2/2004 OF K. MURALEEDHARAN. EXT.P3. COPY OF THE LETTER DT. 24/2/2005 ISSUED BY THE R3. EXT.P4. COPY OF THE LETTER DT. 22/09/06 BY THE R3 TO THE P2. EXT.P5. COPY OF THE LETTER DT. 25/1/2007 BY THE R3 TO THE P1. EXT.P6. COPY OF THE LETTER SENT BY THE R3 DT. 5/3/2007. EXT.P7. COPY OF THE COVERING LETTER DT. 12/3/2007 WITH LIST OF DOCUMENTS ANNEXED. EXT.P8. COPY OF THE REMINDER DT. 4/4/07 SENT BY THE P1 TO THE R3. EXT.P9. COPY OF THE LETTER DT. 4/08/2007 BY THE R3 TO THE P1. RESPONDENT'S EXHIBITS EXT.R3(1). COPY OF THE LETTER NO. A.VI.3/07-GC ESTT DT. 5/4/2007 SENT BY K.V. MADHUSUDHANAN, ADDL. DIGP, CRPF PALLIPPURAM TAO THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM THIRUVANANTHAPURAM. EXT.R3(2). COPY OF THE LETTER NO. A.VI/3/2005-ESTT-IV DT. 13/4/2007 SENT BY P.G.G. NAIR, DIGP, CRPF PALLIPURAM TO THE IG OF POLICE, SOUTHERN SECTOR, CRPF, HYDERABAD (AP) 05. EXT.R3(3). COPY OF THE LETTER NO. R.11/2007/ADM/3 DT. 23/07/2007 BY SSSA KHAN, ADDL. DIG (AMN), TO THE DIGP, CRPF, PALLIPURAM. EXT.R(4). COPY OF THE LETTER NO. VI.3/2007.GC ESTT. III DT. 1/08/2007 SENT FOR ADDL. DIGP, GC, CRPF, PALLIPURAM (TVM) TO THE P1. True copy tga V.GIRI, J. ----------------------------------------- W.P.(C).No.26954 of 2007 ----------------------------------------- Dated this the 30th day of January, 2008. JUDGMENT The first petitioner is the daughter of the second petitioner. Since the father of the first petitioner and the husband of the second petitioner Muraleedharan died in harness on 9.11.2003, the second petitioner made an application for appointment under the dying in harness scheme. This was turned down as per Ext.P3 on the premise that the second petitioner is not medically fit for taking up the job. But she was permitted to make an application on behalf of the first petitioner, her daughter. The first petitioner was then considered for the post of Head Constable (Ministerial) in terms of the requirement prescribed for general recruitment. It was found that she was not fit due to deficit of height by 1.65 cms. Accordingly, she was permitted to make an application for appointment under on compassionate grounds and this has ultimately been met with Ext.P9 which reads as follows: “Your case for compassionate appointment has been forwarded to W.P.(C).NO.26954/07 :: 2 :: higher authorities for consideration, but the same has been received back with the remarks that permissible 5% vacancies against compassionate appointment quota have been utilised fully and no candidate against this quota can be considered for the post of HC (Min) now. However your case will be considered as and when vacancy for the said post under 5% compassionate appointment released by Dte.Denl, CRPF.” Ext.P9 had been challenged in this writ petition. 2. A counter affidavit has been filed by the respondents. 3. Having heard learned counsel for the petitioner and the standing counsel for the respondents, I am of the view that the stand taken in Ext.P9 {Ext.R3 (4)} cannot be considered as illegal. The first petitioner has not been denied employment, but has only been asked to await her consideration against the limited available vacancies in the post. She has been assured that she will be considered as and when vacancy arises. In the circumstances, recording the undertaking reflected in Ext.P9 {Ext.R3(4)}, the writ petition is W.P.(C).NO.26954/07 :: 3 :: disposed of directing the 3rd respondent to consider the case of the 1st petitioner for appointment as a Head Constable (Ministerial) under the scheme for appointment on compassionate grounds and to provide her employment if she is otherwise eligible, as and when the requisite vacancy arises. Sd/- (V.GIRI) JUDGE sk/ //true copy//