IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 4533 of 2011(N) ---------------------- PETITIONER : --------------------- RAJANI P.K., D/O.T.KRISHNAN, NEAR KALISHWARAM TEMPLE, P.O.THRIKKARIPUR, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): -------------------------- 1. COMMISSIONER OF LAND REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 2. STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF LAW, THIRUVANANTHAPURAM-695 001. 3. THE TAHSILDAR, TALUK OFFICE, KASARGOD-671 121. R1 TO R3 BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 4533 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 J U D G M E N T The petitioner is the unmarried sister of late Krishnaraj P.K. who died while in service, as a Special Village Officer of the Badoor Village Office, in Kasargod District on 18.05.2008. The petitioner filed an application for compassionate employment under the Compassionate Employment Scheme of the Government. Along with the application, the petitioner has filed a legal heirship certificate also. The said Krishnaraj was unmarried at the time of his death. Therefore, according to the petitioner since the petitioner was a dependant of the said Krishnaraj at the time of his death the petitioner is entitled to compassionate employment under the Scheme formulated by the Government. But the petitioner has now been directed to produce a succession certificate for enabling the petitioner to claim employment under the Scheme. It is W.P.(C)No. 4533 of 2011 -2- under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i) To issue a writ of mandamus directing the respondents to consider petitioner's application for compassionate employment, without insisting for a succession certificate/decree from the Civil Court, within a time frame; ii) To issue a writ of certiorari to quash Exhibit P5 declaring that the production of succession certificate from civil court insisted therein is illegal;” 2. The learned Government Pleader would contend that the respondents can ascertain whether the petitioner is a dependant legal heir of the deceased Government employee only if she produces a succession certificate. 3. I have considered the rival contentions in detail. 4. Employment under the Compassionate Employment Scheme is not on the basis of succession. The scheme specifically prescribes the categories of persons entitled to Compassionate Employment. Even unmarried sister is one of the categories of persons who can claim compassionate employment under the Scheme. The only condition for such persons to claim compassionate employment is that, that person should have been a W.P.(C)No. 4533 of 2011 -3- dependant of the deceased Government employee at the time of death. Therefore, I am of opinion that the respondents cannot insist that the petitioner should produce a succession certificate for claiming the benefit under the Scheme. In fact the petitioner has produced Ext.P7 legal heirship certificate, wherein the petitioner is shown as one of the legal heirs of late Krishnaraj P.K., along with his father, mother and another brother. In the above circumstances, I am satisfied that if the petitioner satisfies the respondents that the petitioner was a dependant of the deceased Government employee at the time of his death and satisfies other conditions of the scheme for compassionate employment, the respondents are liable to consider the claim of the petitioner in accordance with the scheme. Accordingly, I dispose of this writ petition with a direction to the 2nd respondent to consider the claim of the petitioner for compassionate employment under the Compassionate Employment Scheme of the Government, without insisting on production of a succession certificate, as expeditiously as W.P.(C)No. 4533 of 2011 -4- possible, at any rate within a period of three moths from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/