IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35706 of 2009(G) -------------------------- PETITIONER(S): --------------- SHAJI.P,S/O.LATE P.CHANDRAN,AGED 36 YRS, RESIDING AT SHAJI NIVAS,MADATHILPARAMBA, P.O.EDAKKAD,PUTHIYANGADI,KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): --------------- THE GENERAL MANAGER,MATSYAFED, (A GOVERNMENT OF KERALA UNDERTAKING),KAMALESWARAM, MANACAUD.P.O,THIRUVANANTHAPURAM-9. MR.P.K.VIJAYA MOHANAN, SC FOR MATSYAFED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35706 of 2009 (G) --------------------------------- Dated, this the 11th day of December, 2009 J U D G M E N T Heard the learned counsel for the petitioner and Shri.Vijaya Mohan, the learned standing counsel appearing for the respondent. 2. The petitioner's father Shri.P.Chandran was working as an Operator under the respondent. While in service, he expired on 01/08/2007. Thereafter, the petitioner submitted Ex.P3 application for employment on compassionate grounds and that has been rejected by Ext.P4 order dated 19/08/2009 stating that being a married son of the deceased employee, the petitioner is not eligible for appointment on compassionate grounds. 3. In several cases of this nature, particularly decisions of the Division Bench of this Court in Rev.Mother Delphine Mary v. State of Kerala (2002(1) KLT 137), St.Ignatious High School v. State of Kerala (2005(3) KLT 1000) and Asgar Ali v. State of Kerala (2009(1) KLT S.N.17), this Court has taken a view that marriage itself of a son/daughter of a deceased employee will not defeat WP(C) No.34706/2009 -2- his/her entitlement for the benefit of appointment on compassionate ground, if he/she is otherwise eligible for the same. Therefore, the ground on which Ext.P3 application has been rejected by Ext.P4 cannot be sustained. In view of this, Ext.P4 is set aside, and the respondent is directed to take a fresh decision in the matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg