IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 16906 of 2008(R) ------------------------------------------ PETITIONER(S): ---------------------- VALSALAKUMARI, AGED 53 YEARS, D/O.LATE N.GOPALAPILLAI, KAKKETUVILAYIL VEEDU, KADAKKAVOOR DESOM, KADAKKAVOOR POST, CHIRAYINKEEZHU TALUK. BY ADV. MR.J.JAYAKUMAR RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE HOME SECRETARY, HOME (C) DEPARTMENT, GOVT.SECRETARIAT, 3. THE REGISTRAR, SUBORDINATE JUDICIARY, HIGH COURT OF KERALA, ERNAKULAM. R1& R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN R3 BY MR. KRB.KAIMAL, SENIOR ADVOCATE, MR. B.UNNIKRISHNA KAIMAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16906/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT IN OP. 32792/01 DTD. 13.11.01 OF THIS HONOURABLE COURT. P2:- COPY OF THE ORDER DTD. 6.1.02 IN CCC. NO.1093/02 OF THIS HONOURABLE COURT. P3:- COPY OF THE ORDER DTD. 8.11.02 OF THE IST RESPONDENT. P4:- COPY OF THE ORDER DTD. 8.4.03 OF THE IST RESPONDENT. P5:- COPY OF THE ORDERS OF THE IST RESPONDENT. P6:- COPY OF THE NOTICE NO.A 4146/06 DTD. 27.10.06 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. P7:- COPY OF THE LETTER DTD. 13.11.06 OF THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM. P8:- COPY OF THE ORDER DTD. 5.1.08 OF THE 2ND RESPONDENT. P9:- COPY OF THE ORDER DT. 23.1.08 OF THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.16906 of 2008-R ------------------------------ Dated this the 13th day of July, 2009. J U D G M E N T The petitioner’s father late N.Gopalapillai was working as Peon in the Court of the Judicial Magistrate of First Class, Attingal. On medical grounds he was found unfit to continue in service and permitted to retire from service on 12.2.1975. He passed away thereafter on 22.1.1978. Long thereafter in the year 2001, the petitioner moved an application for appointment under the dying-in-harness scheme. She also filed O.P.No.32972 of 2001 in this Court. As directed by this Court in Ext.P1 judgment, the Government considered the request for compassionate appointment and informed her by Ext.P3 letter dated 8.11.2002 that the request cannot be entertained as it was belatedly made. The petitioner again moved the Government seeking reconsideration of her request. The Government by Ext.P4 letter dated 8.4.2003 informed the petitioner that her request cannot be considered. The petitioner kept quite for a long time. She thereafter moved the Government in the year 2007. By Ext.P8 letter dated 5.1.2008 the Government informed the Registrar of this Court that the petitioner's request cannot be agreed to. The Registrar of this Court in turn informed the petitioner by Ext.P9 letter dated 23.1.2008 that the Government have rejected her request for W.P(C) No.16906 of 2008-R 2 compassionate appointment. Exts.P8 and P9 are under challenge in this writ petition, wherein the petitioner seeks a writ in the nature of mandamus commanding the respondents to appoint her as Part-time Sweeper under the dying-in-harness scheme. 2. The pleadings disclose that the petitioner’s father ceased to be service in the year 1975. Her father expired in the year 1978. Nearly 30 years have passed thereafter. In the light of the authoritative pronouncement of the Apex Court in Umesh Kumar Nagpal V. State of Hariyana & 2 others (1994(4) SCC 138), the petitioner cannot at this distance of time claim appointment under the dying-in-harness scheme. Further her application was rejected in the year 2002 and the said decision has become final. The attempt now made by the petitioner is to re-open the decision of the Government which attained finality way back in the year 2002. The claim made by the petitioner is in my opinion highly belated. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge W.P(C) No.16906 of 2008-R 3 ab