IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 9444 of 2007(Y) ------------------------------------- PETITIONER: ------------------- I.V.MOHANAN, S/O LATE E.V.CHEERU, ITTIADAN HOUSE, KERALA AGRICULTURAL UNIVERSITY P.O VELLANIKKARA, THRISSUR DISTRICT. BY ADV. SRI.SARVOTHAMAN. RESPONDENTS: ----------------------- 1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O., MAIN CAMPUS, VELLANIKKARA, THRISSUR DISTRICT. 2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT. 3. THE ASSOCIATE PROFESSOR AND HEAD, CASHEW RESEARCH PROJECT, KERALA AGRICULTURAL UNIVERSITY, MADAKKATHARA P.O., THRISSUR-51. 4. THE ESTATE OFFICER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA THRISSUR-680 656. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, AGRICULTURE & FARM DEPARTMENT(ANIMAL HUSBANDRY & DAIRY) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY ., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9444/2007-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P,1: COPY OF THE ORDER NO. CCRP 1/99 DTD. 17/08/1999 ISSUED BY THE R.3. EXT.P.2: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR, THRISSUR DTD. 19/12/2003 IN RESPECT OF THE PETITIONER. EXT.P.3: COPY OF THE HEIRSHIP CERTIFICATE NO. K/DIS-21921/03/A4 AS PER KERALA GAZETTE DTD. 04/11/2003 IN RESPECT OF THE MOTHER OF THE PETITIONER. EXT.P.4: COPY OF THE ORDER NO. GA/F1/164/04 DTD. 03/02/2004 ISSUED BY THE LABOUR OFFICER ON BEHALF OF THE R.1. EXT.P.5: COPY OF THE G.O. (P). NO. 12/99/P & ARD DTD. 24/05/1999. EXT.P.6: COPY OF THE CITATION REPORTED IN 2002 (1) ILR (KERALA) 398. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C). NO. 6897/2004 DTD. 21/10/2005 OF THIS HONOURABLE COURT. EXT.P.8: COPY OF THE ORDER DTD. 28/12/2005 ISSUED BY THE R.1. EXT.P.9: COPY OF THE LETTER NO. 43491/A42/05/AD DTD. 14/03/2006 BY THE R.5. EXT.P.10: COPY OF THE LETTER NO. G.A/F2/164/4 DTD. 05/02/2007 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.9444 of 2007 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T The issue pertains to compassionate appointment. There is no dispute on the factual position that the mother of the petitioner died during the extended period of service. It is the stand taken by the University that in such circumstances, there is no liability for the University to extend the benefit of compassionate appointment. That issue has been the subject matter of a bench decision of this court reported in Kerala State Electricity Board v. Madhukumar (ILR 2002(1) Kerala 398), wherein it has been held that the provision under clause 10 of the Government Order has to be ignored and employment assistance should be given to the dependent of an employee who had actually continued in service even after the date of superannuation. This court in Ext.P7 judgment in W.P.(C) 6897/04 directed the University to take a decision in the light of the said decision and yet the University has taken a stand that in view of the Government Order, the employment cannot be given. I am afraid, the University has not understood the spirit of the WP(C) NO.9444/07 2 judgment. This court, having directed the University to take action in the light of the judgment, the only course possible was to give employment since there is no other factual dispute. The impugned orders are hence quashed. There will be a direction to the respondents 1 to 4 to provide employment to the petitioner under the dying-in-harness scheme, in the next available vacancy. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.9444 of 2007 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.