IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WA.No. 1422 of 2010() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12437/2010 DATED 25/05/2010 .................... APPELLANT/PETITIONER ------------------------------------ RICHARD K.R., S/O.RAPHEL, AGED 32 YEARS, KIDANGANAM HOUSE, THALORE P.O., THRISSUR, NOW WORKING AS PEON AT PUTHUKKAD GRAMA PANCHAYATH, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO, SMT.C.M.CHARISMA, SRI.N.A.SHAFEEK. RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (C.E.CELL) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF PANCHAYATHS, THRISSUR DISTRICT. R1 TO R4 BY GOVT. PLEADER MR.BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.A. NO:1422 OF 2010 ----------------------------------------------------------- Dated this the 31st August, 2010. JUDGMENT Ramachandran Nair, J. Appellant on the death of his brother claimed to be his dependent and applied for appointment on compassionate grounds. Even though Government offered to consider him for the post of Lower Division Clerk as and when turn comes, he opted to join as a Peon, which post was then available. Appellant's case is that his claim for appointment as Lower Division Clerk will remain unaffected even if he joined the service as a Peon. The learned Single Judge held that once appellant is given compassionate appointment as Peon he cannot claim again under the same ground for appointment to the post of Lower Division Clerk. We do not find any merit in the writ appeal. Consequently the same is dismissed. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj 2 3