IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 25751 of 2009(L) -------------------------- PETITIONER(S): --------------- LATHA.K., W/O.LATE D.SURESH, THOTTUMPURATH HOUSE, MEVIDA KARA,MEENACHIL VILLAGE MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 3. EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 4. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDING, NANTHANKODE, THIRUVANANTHAPURAM. 5. THE SECRETARY, TRAVANCORE DEVASWOM BOARD DEVASWOM BOARD BUILDING, NANTHANKODE, THIRUVANANTHAPURAM. ADV. SRI.V.KRISHNA MENON FOR R5 BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.25751 OF 2009 (L) -------------------------------------------------- Dated this the 20th day of October, 2009 J U D G M E N T Petitioner's husband was working as an Excise Inspector in the Malappuram District. During November, 2008, along with others he was also deputed for duty at Sabarimala. While working at Sabarimala, on 10.11.2008 he developed chest pain and ultimately died. It is stated that taking into account the sudden death of the sole bread winner of the family, Government granted an exgratia compensation of Rs.1 lakh to the family. Thereafter, petitioner submitted Exts.P9 to P15 representations for additional compensation. Not only that additional compensation has not been paid but also the benefit of employment assistance on compassionate ground has not been extended. It is in these circumstances the writ petition has been filed seeking a direction that additional compensation shall be paid and employment assistance be provided. 2. In so far as the prayer for compensation is concerned, if at all the petitioner has a valid claim, that will have to be urged WP(c).No.25751/09 2 before the appropriate civil court and not in a proceedings under Art.226. However, in so far as the prayer for employment on compassionate ground is concerned, that is covered by the rules and it was therefore that by order dated 14.9.2009 this court directed the learned Government Pleader to obtain instruction as to whether any application filed by the petitioner has been received and can be considered. On instructions the Government Pleader now submits that the Excise Commissioner, the competent authority has not received any application from the petitioner as provided in the rule. 3. Having regard to the above, I direct that it will be open to the petitioner to submit an application for employment on compassionate grounds to the 3rd respondent, in which event it is directed that the 3rd respondent shall process the same and do the needful in the matter. It is directed that the same shall be dealt with due expedition and with the sympathy that it deserves. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.25751/09 3