IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 13183 of 2011(W) -------------------------- PETITIONER: --------------- P.SELVARAJ, S/O. PONNU, ASWATHI NIVAS, SIVANKUNNU, MANNARKKAD P.O., PALAKKAD-678 582. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678 001. 3. ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD-678 582. 4. HEAD MISTRESS, GOVERNMENT MAPPILA LOWER PRIMARY SCHOOL, THENKARA, MANNARKKAD-678 582. GOVERNMENT PLEADER MR.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13183 of 2011(W) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1: TRUE COPY OF THE LETTER DATED 25.4.96 P2: TRUE COPY OF THE DETAILS REGARDING THE SERVICE OF THE PETITITONER P3: TRUE COPY OF THE EXTRACT OF SCHOOL ADMISSION REGISTER P4: TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. P5: TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR. P6: TRUE COPY OF THE ORDER DATED 15.10.2003 P7: TRUE COPY OF THE DISMISSAL LETTER P8: TRUE COPY OF THE JUDGMENT DATED 4.1.07 IN C.C. NO.235/04 P9: TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT. P10: TRUE COPY OF THE REPLY DATED 10.8.07 P11: TRUE COPY OF REPRESENTATION DATED 6.9.10 P12: TRUE COPY OF THE REPRESENTATION DATED 25.3.11 P13: TRUE COPY OF THE ORDER DATED RESPPONDENT'S EXHIBITS : NIL RKC //TRUE COPY// PA TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13183/2011-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of July, 2011 J U D G M E N T The petitioner was appointed as part time contingent menial in Karara Government Lower Primary School, Agali in 1996. The total period of service rendered by the petitioner is seven years, three months and 18 days. He was appointed by offering the benefit of a member of a scheduled caste. It is pointed out that he belonged to Hindu-Vettuvan community. The petitioner was later dismissed from service when dispute arose with regard to the caste status, on 15/10/2003. 2. It is also pointed out that there was a criminal case as C.C.No.235/2004 of the Palakkad Town Police Station against the petitioner for falsely implicating him as a scheduled caste. It is averred in the writ petition that as per Ext.P8 Judgment, the petitioner was acquitted by the Criminal Court. W.P.(C). No.13183/2011 -:2:- 3. Herein, what is sought for is a direction to the respondents to consider the claim for grant of compassionate allowance. 4. The learned counsel for the petitioner submitted that by Ext.P13, the Assistant Educational Officer returned the application in the light of the rejection of the same by the Deputy Director of Education. The petitioner thereafter has moved the Government by filing Ext.P12 representation. Therein, the prayer is to grant compassionate allowance in terms of Rule 5 of Part III Kerala Service Rules. 5. The learned counsel for the petitioner submitted that Rule 39 of the General Rules also enables the petitioner to maintain the representation. 6. For consideration of the representation, it is pointed out that the petitioner will have to resubmit the documents to the Assistant Educational Officer for transmission to the Government through the Deputy Director of Education. It is therefore, prayed that appropriate direction may be issued to the Assistant Educational Officer in the matter. W.P.(C). No.13183/2011 -:3:- 7. Therefore, on the petitioner re-presenting the application along with other documents and service book after getting it from the fourth respondent, the same will be transmitted by the third respondent to the second respondent who will also transfer the same to the Government without any delay. The writ petition is accordingly disposed of. The petitioner will also forward a copy of the writ petition along with a copy of the Judgment to the third respondent. 8. The learned counsel for the petitioner further prayed that since the petitioner is seeking for compassionate allowance, the Government may be directed to pass appropriate orders within a time frame. Orders will be passed by the Government after hearing the petitioner within a period of six months. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms