IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 22496 of 2011(R) -------------------------- PETITIONER: --------------- NIPUN B.VISWAN, S/O.B.A.VISWAMBHARAN (LATE), KOKILA, PLOT NO.14, THRIVENI GARDENS, CALVARY ROAD, WEST FORT, THRISSUR-4. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. HIGH COURT OF KERALA, REPRESENTED BY THE REGISTRAR (SJ), HIGH COURT OF KERALA, ERNAKULAM-31. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22496 of 2011(R) APPENDIX PETITIONER'S APPENDIX: EXT.P1 : TRUE COPY OF THE LETTER DATED 19.6.2001 ISSUED BY THE 2ND RESPONDENT EXT.P2 : TRUE COPY OF THE CERTIFICATE DATED 23.8.2007 EXT.P3 : TRUE COPY OF THE DEATH CERTIFICATE EXT.P4 : TRUE COPY OF THE LETTER DATED 19.4.2007 ISSUED BY THE 1ST RESPONDENT EXT.P5 : TRUE COPY OF THE LETTER DATED 18.8.2007 EXT.P6 : TRUE COY OF THE LETTER DATED 22.1.2008 EXT.P7 : TRUE COPY OF THE CONSENT LETTER BY OTHER LEGAR HEIRS EXT.P8 : TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 5.9.2000 RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.22496 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2011 J U D G M E N T The petitioner who is an unemployed youth filed this writ petition mainly with a prayer to declare that his claim for compassionate employment is entitled to be considered under Section 39 of Part II of Kerala State Subordinate Service Rules(for short 'KS&SSR) and seeking issuance of a writ of mandamus commanding the first respondent to consider the claim of the petitioner for appointment on compassionate ground by invoking Rule 39 of Part II KS&SSR. The petitioner sought for the aforesaid reliefs contending that his father Sri.Viswambharan had to retire voluntarily from the service on 31.12.2000 on account of physical ailment while working as Additional Chief Judicial Magistrate at Ernakulam. Ext.P3 would reveal that the said Sri. Viswambharan died on 6.3.2002. According to the petitioner, he had submitted application for compassionate appointment. Since the respondents have not taken any action thereon he filed another representation and the same was received by the first WPC.22496/2011 : 2 : respondent as is obvious from Ext.P4 . Despite the receipt of such representations the respondents are not taking any action to consider the claim of the petitioner for compassionate employment, it is submitted. It is in the said circumstances that this writ petition has been filed with the aforesaid prayers. 2. The scheme for compassionate employment is being governed by G.O(P)No.12/99 P& ARD dated 24.5.1999. It provides employment to dependents of Government servants who die in harness. Ext.P1 would reveal that the petitioner's father Sri.Viswambharan retired from service voluntarily on 31.12.2000 while working as Additional Chief Judicial Magistrate, Ernakulam. His death occurred only subsequently as is obvious from Ext.P3 that is only on 6.3.2002. His date of birth is 15.5.1942. There is no provision under the scheme for compassionate employment to provide employment assistance, in such circumstances. Paragraph 11 of G.O dated 24.5.1999 assumes relevance in the context of the contentions and it reads thus:- “Dependents of Government Servants who have retired voluntarily and in whose case death takes place before the normal date of superannuation shall not be eligible for the employment assistance under the scheme” WPC.22496/2011 : 3 : Even it is taken that a claim can be raised for employment assistance it is not sustainable in view of the facts of this case. The death of the petitioner's father occurred on 6.3.2002. It is after more than nine years since the death of his father the petitioner has now, approached this Court by filing this writ petition. Time and again this Court and the Hon'ble Apex Court held that compassionate employment scheme is not a method of recruitment. It can be granted only to tide over the immediate financial crisis resulting from the untimely death of the bread-winner of that family and therefore, it cannot be insisted as a matter of course or as if on the death of an employee the claim for dependent should be kept open for ever. The petitioner has failed to establish any legal right and, in the circumstances, he cannot seek for appointment, on compassionate grounds by invoking the power under Rule 39 of Part II of the Kerala State and Subordinate Services Rules, 1958. In the said circumstances there is no merit in this writ petition and accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //TRUE COPY// P.A TO JUDGE