IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 27533 of 2011(N) -------------------------- PETITIONER: --------------- DIS CHERIYAN, S/O.V.M. CHERIYAN, VETTIKKAL HOUSE, KAKKAVAYAL P.O., KALPETTA NORTH, WYANAD DISTRICT. BY ADV. SRI.M.C.JOHN RESPONDENT(S): ------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY (PERSONAL & ADMINISTRATIVE REFORMS), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN-671 001. 3. DIVYA AUGUSTINE, W/O.T.M.JOJI, THARAPPEL HOUSE, CHEUKKAD P.O., KOZHIKODE, PIN-673 510.' BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.27533/11 PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF CERTIFICATE DATED 12.10.2011 ISSUED BY THE PRINCIPAL OF THE SCHOOL. EXT.P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 24.1.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 20.5.2010 OF THE 3RD RESPONDENT AND HER NEW HUSBAND. EXT.P4 TRUE COPY OF THE INCOME CERTIFICATE DATED 29.9.2010 ISSUED BY THE VILLAGE OFFICER. EXT.P5 TRUE COPY OF THE APPLICATION DATED 4.10.2010 EXT.P6 TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 11.10.2011. EXT.P7 TRUE COPY OF THE LETTER NO.AD.B3/12434/2011 DATED 1.9.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS :NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.27533 of 2011 -------------------------------------------------- DATED THIS THE 3RD DAY OF NOVEMBER, 2011 J U D G M E N T The petitioner is a claimant for appointment under the Compassionate Appointment Scheme of the State Government. The Writ Petition is filed aggrieved by Exhibit P7 communication issued by the Director of Higher Secondary Education stating that he is not eligible to get appointment, as the deceased Government empolyee was married and the petitioner being his brother is not eligible to apply under the Scheme. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. It is averred in the Writ Petition that after the death of the petitioner's brother, who was working as a permanent Higher Secondary School Teacher in the Government Higher Secondary School, Perinthalmanna, the widow got remarried to one Mr.T.M.Joji. She is also working as a teacher and is living with her husband now. Exhibit P3 is the copy of the Marriage Certificate. Thus it is pointed out that the widow no longer W.P.(C)No.27533/11 -2- requires any appointment under the compassionate appointment scheme. The deceased left without any children or sisters and the petitioner is stated to be the only brother. The parents are over aged and they have consented for employment of the petitioner. 4. Exhibit P5 is the copy of the application submitted by the petitioner and all the required certificates and evidences were produced along with the same. 5. The learned counsel for the petitioner submits that the communication Exhibit P7 is against the interpretation of the provisions contained in the scheme as laid down by this Court in Gopalan v. Additional Chief Secretary (2011(3) KLT 914). 6. The learned Government Pleader submitted that the reply given by the Director, Exhibit P7 is perfectly in order. 7. Evidently, the application ought to have been considered by the Government itself, since the petitioner is seeking appointment in the Government Higher Secondary School. Therefore, the remedy of the petitioner is to approach the Government against Exhibit P7. 8. In that view of the matter, the Director of Higher W.P.(C)No.27533/11 -3- Secondary Education, without rejecting the application ought to have forwarded the application to the Government for consideration in accordance with the scheme. 9. There will be a direction to the 2nd respondent to forward the application of the petitioner to the 1st respondent for consideration dehors the communication issued as per Exhibit P7. The petitioner will also file a representation before the Government along with a copy of the Writ Petition and a copy of this judgment. The application and representation will be duly considered by the Government and appropriate decision will be taken and communicated to the petitioner within four months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn