IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 4642 of 2009(C) ------------------------- PETITIONER(S): --------------- SHAJI.V.M, AGED 32 YRS, S/O.V.M.MARKOSE, VETTIYIL HOUSE, POOTHAKUZHY.P.O,PAMBADY, KOTTAYAM-686521. BY ADV. SRI.G.ANANTHANARAYANAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. SOCIAL WELFARE DEPARTMENT REP.BY SECRETARY,SOCIAL WELFARE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR, SOCIAL WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 4642 of 2009 --------------------------------------------------- Dated this the 16th day of February, 2009 JUDGMENT The petitioner is seeking employment under the scheme by the Government for compassionate appointment for dependents of persons who die in Harness. The petitioner's father was a class IV employee of I.C.D.S. project office, Madappally. He died on 26.6.2006. 2. The application submitted by the petitioner for appointment under the scheme was forwarded by the third respondent to the second respondent. It was recommended that the petitioner may be considered for appointment to the post of Lower Division Clerk in Kottayam district. By Ext.P3, the same was rejected stating that a married son is not entitled for the claim for appointment under the Scheme. 3. The learned counsel appearing for the petitioner submits that as per Clause 14 (a) of G.O.12/99/P&ARD dated 24.5.1999 no restrictions have been imposed on a married son regarding eligibility for appointment under compassionate scheme. Reliance is also placed on the decision of the Division Bench of this Court reported in Ashkarali v. State of Kerala 2009 (1) KLT SN 17(C.No.18). Clause 14(a) of the Government order wpc: 4642 of 2009 2 dated 24.5.1999 provides as follows: 14(a) Only one dependent will be given employment assistance under the scheme in the event of the death of a Government servant. Employment assistance shall be given to the widow/widower, son, daughter in the said order of priority. Son and daughter shall include adopted son and adopted daughter, respectively and will rank after son/daughter. 4. Going by the said clause no restrictions have been imposed on the claim of the married son or daughter who is otherwise eligible for appointment under the scheme. This Court in the decision referred to above has held that irrespective of marriage, the son or daughter of the deceased employee may have been dependent on the deceased employee, and that, while marriage may change the status of the son/daughter, his or her status as a dependent son or dependent daughter may continue. The mere fact that the son/daughter got married by itself will not indicate that he/she is not eligible for appointment under the Compassionate Employment Scheme. Therefore, the petitioner is entitled to succeed. Ext.P3 is quashed. There will be a direction to the Government to re- wpc: 4642 of 2009 3 consider the matter, in the light of the findings rendered above, within a period of six weeks from the date of receipt of a copy of this judgment. The claim of the petitioner will be considered on the merits in accordance with the scheme. T.R.RAMACHANDRAN NAIR, JUDGE bps