IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 16244 of 2010(E) -------------------------- PETITIONER: -------------------- JITHINLAL.S., AGED 21 YEARS, S/O.LATE P.V.SUDHAKARAN, VYSAKH HOUSE, CHIRAYRAMBU P.O., MARAMON, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.N.SASI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, EDUCATION, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION TRIVANDRUM. 3. THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT, PATHANAMTHITTA. 4. THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER, SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.16244 OF 2010 -------------------------------------------- Dated this the 14th day of July, 2010 JUDGMENT The petitioner's father died in harness while working as Headmaster of Government U.P.School, Narakathara on 28.5.1998. Subsequently, the petitioner has applied for employment under the Dying-in-harness scheme. After due consideration, the petitioner was found eligible for appointment under the Dying-in-harness scheme and he was issued with Ext.P3 order dated 8.12.2009. As per Ext.P3, the Government have accorded sanction for appointment of the petitioner as L.D Clerk under the General Education Department in Pathanamthitta Revenue District. It is further stated thereunder as follows:- “The posting orders of Sri.Jithin Lal.S will be issued by the Director of Public Instruction according to seniority, which would be determined on the basis of the date of valid application put in by him.” It is aggrieved by the delay in the matter of getting a posting in terms of Ext.P3 that this Writ Petition has been filed by the petitioner. 2. The contention of the petitioner is that by virtue of his position in the list prepared for effecting appointment under the Dying-in- W.P.(C) NO.16244/2010 2 harness scheme in the General Education Department in Pathanamthitta Revenue District, he cannot aspire an appointment in the near future. Therefore, it is his prayer that he may be directed to be considered for appointment under Dying-in-harness scheme under other departments as well, in Pathanamthitta or any other districts. 2. A statement has been filed on behalf of the first respondent in this Writ Petition. It is stated thereunder that the seniority position of the petitioner in the list prepared for appointment under compassionate employment scheme in Pathanamthitta District pertaining to the General Education Department is No.24. That apart, it is the contention thereunder that the appointment of the general category such as L.D Clerk , L.D Typist etc., has to be made in the concerned department itself against the existing or arising vacancies. There is no whisper in the said statement with respect to the vacancy position. There is also nothing in the statement which should suggest that the petitioner could aspire a posting in the light of Ext.P3 in the near future. The learned counsel appearing for the petitioner made a submission that the case of the petitioner may be considered under the Dying-in-harness scheme in case vacancies are available under other departments in Pathanamthitta district. But, the W.P.(C) NO.16244/2010 3 learned Government Pleader opposed the same contending that the same would hamper the chances of getting appointment of those persons who are already included in the concerned list applicable to such departments. In short, according the learned Government Pleader, the petitioner cannot aspire an out of turn appointment in other departments so long as persons are waiting in queue in other departments for appointment. The contentions made on behalf of the respondents cannot be said to be bereft of any basis. In the totality of the said circumstances, this Writ petition is disposed of with a direction to the respondents to consider the request of the petitioner for appointment in other departments as well, in Pathanamthitta Revenue District, without affecting the rights of those included in similar lists of other departments published for the purpose of effecting appointment under the Dying-in-harness scheme. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16244/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.16244/2010 5