IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 449 of 2010(E) -------------------------------- PETITIONER(S): -------------------- VIPINRAJ M., SON OF (LATE) VIJAYARAJAN, AGED 28 YEARS, VAZHAYILVALAPPU, KAVUMBHAGAM, THIRURANGAD VILLAGE, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.DENIZEN KOMATH SRI.E.K.AVINASH RESPONDENT(S): --------------------- 1. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY ITS SECRETARY, MINISTRY OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOZHIKODE, EX-OFFICIO CHAIRMAN, MALABAR MARKET COMMITTEE. 4. SECRETARY, MALABAR MARKET COMMITTEE, COLLECTORATE, CIVIL STATION, KOZHIKODE. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J --------------------------------- WP(C) NO.449 OF 2010 ------------------------------ Dated this the 7th day of January, 2010 J U D G M E N T The petitioner, is the son of one Vijayarajan who was working as a Supervisor in Malabar Market Committee, constituted under the Madras Commercial Crops Market Act, 1993. The Malabar Market Committee was functioning under the second respondent, Ministry of Agriculture. The father of the petitioner died on 16.8.2000. It is the case of the petitioner that his father had passed away during the course of his employment. Subsequently this court declared the statute that created the Malabar Market Committee as unconstitutional. The employees of Malabar Market Committee were thereafter absorbed into various departments under the Government as per the decision taken on 9.8.2004. It is the case of the petitioner that all other employees of Malabar Market Committee were so absorbed into various Government establishments. 2. The Malabar Market Committee had also approved a Dying in Harness Scheme which entitled the petitioner to get W.P.(c) No.449/2010 2 compassionate appointment in the service of the Society. Though Ext.P7 application for appointment under the scheme had been submitted, no action was taken thereon by the Society. Therefore, he had submitted representations to the Minister for Agriculture, but with no result. Finally as per Ext.P10 he was informed that his request for appointment could not be considered under the relevant rules. He has also produced Ext.P12 by which his request for appointment under the dying in harness scheme has been considered again in a detailed manner and rejected for the reason that no application had been received under the scheme from the said Society. It is also pointed out that the lien of the petitioner's father to the post did not subsist for the reason that he had expired long before the Government Order directing regularisation was issued. The above action is challenged in the writ petition. 3. I have heard the counsel for the petitioner and the Government pleader. 4. It is an admitted fact that the petitioner's father died on 16.8.2000. The Government order directing absorption of the W.P.(c) No.449/2010 3 employees of the Malabar Market Committee into the various departments of the Government was issued only on 9.8.2004, four years after the death of his father. Since there was no subsisting lien on the post of petitioner's father, the petitioner cannot claim compassionate appointment under the dying in harness scheme as has been found by the Government. There is no record to show that any application like Ext.P7 was received by the Society. There is also no evidence as to what action was taken by the society on such application, if at all the same had been submitted. In the above circumstances, there are no grounds to show that Ext.P10 and P12 are wrong and unjustifiable. In view of the above, the writ petition fails and is dismissed. No costs. K. SURENDRA MOHAN, JUDGE. sou.