IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 26385 of 2008(N) -------------------------- PETITIONER: ----------------- MANOJ KUMAR.M, UPASANA, KOTTARA, MEEYANNOOR, KOLLAM-691 537. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD.(CAPEX), R.R.BUILDING, CANTONMENT WARD, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE MANAGING DIRECTOR, KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD, (CAPEX), R.R.BUILDING, CANTONMENT WARD, KOLLAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 ADV. SRI.C.UNNIKRISHNAN, SC FOR R2, R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ===================== W.P(C).No.26385 of 2008 ===================== Dated this the 30th day of September, 2008. JUDGMENT The petitioner's father, who was employed as Accountant in the office of the third respondent passed away on 20.8.2000 while in service. The petitioner's mother made a request on behalf of the petitioner for appointment under the Dying in Harness Scheme. By Ext.P6 letter dated 15.10.2004, the third respondent informed the petitioner that his application will be considered as and when the financial position of the second respondent society improves. The petitioner thereafter submitted yet another representation to the Government and by Ext.P9 letter, the Government informed the petitioner that the Board of Directors of the second respondent society have considered the petitioner's request for appointment under the Dying in Harness Scheme and have decided to give him employment. By Ext.P9, the petitioner was also directed to contact the Managing Director. The petitioner has in this Writ Petition prayed for a writ in the nature of mandamus commanding respondents 2 and 3 to give him appointment under the Dying in Harness Scheme. 2. A statement has been filed on behalf of the second respondent wherein it is stated that at present no vacancy against which the petitioner can be accommodated exists in the second respondent society and that the petitioner's claim for appointment will be considered at a WP(C) 26385/08 -: 2 :- later stage when a vacancy arises. It is also stated that the vacancies are likely to arise during March/April, 2009. It is evident from a reading of Exts.P6 and P9 produced along with the Writ Petition and the statement filed on behalf of the second respondent that though the petitioner's application for appointment under the Dying in Harness Scheme has been favourably considered, appointment is withheld for the reason that no vacancy exists. Exts.P6 and P9 and the statement also disclose that the second respondent will be taking steps to give appointment to the petitioner as and when a vacancy arises. Ext.P10 discloses that the petitioner is the person entitled to preference for appointment under the Dying in Harness Scheme in the head office of the second respondent society. 3. In this state of affairs, I dispose of the Writ Petition with a direction to respondents 2 and 3 to appoint the petitioner under the Dying in Harness Scheme in the next arising vacancy for which the petitioner is qualified. P.N.Ravindran, Judge. ess 30/9