IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 34784 of 2007(N) -------------------------- PETITIONER(S): --------------- KRISHNAKUMAR C.V., CHAKKINGAL HOUSE, KONGAD P.O., PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. JOINT SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. GEETHA, D/O. BHASKARAN, CHOZHIYATHODI HOUSE, KANNAMPARIYARAM, MANKARA, PALAKKAD. ADV. SRI.S.EASWARAN FOR R4 MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34784/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF JUDGMENT DATED 30/06/2006. P2 : COPY OF ORDER DATED 26/10/2006 OF R2 GO(Rt) NO.2445/06. P3 : COPY OF REVIEW PETITION FILED BY THE PETITIONER DATED 02/11/06 TO R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34784 of 2007 (N) --------------------------------- Dated, this the 2nd day of June, 2010 J U D G M E N T The petitioner's father, late Shri.Viswanathan, was a Head Constable in the Police Department. While in service he expired on 13/02/1993. The petitioner is the son in his first marriage. It is stated that Shri.Viswanathan had a second marriage, which was not registered, and thereafter again he got married to the 4th respondent. On the death of Shri.Viswanathan, the petitioner applied for employment assistance under the Dying in Harness Scheme, that was rejected by Ext.P2 order dated 26/10/2006 passed by the 1st respondent stating that since the applicant did not produce consent letter from the 4th respondent, the Director General of Police did not recommend his case for employment. 2. The question is whether this order is legal or not. It is seen that the death has occurred as early as on 13/02/1993. The 4th respondent is aged about 45 years. The 4th respondent has not claimed employment assistance so far. Nor is the 4th respondent WP(C) No.34784/2007 -2- eligible to make an application at this distance of time. In such circumstances, the fact that the petitioner did not produce consent letter from the 4th respondent, in my view, is irrelevant while considering his application for employment assistance under the Dying in Harness Scheme, if he is otherwise eligible for the same. Therefore, I quash Ext.P2 order and direct the respondents to consider and pass orders on the application made by the petitioner for employment assistance under the Dying in Harness Scheme, subject to the eligibility of the petitioner and in accordance with the Rules, without insisting of consent letter from the 4th respondent. Orders in this behalf shall be passed as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg