IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.K.DENESAN TUESDAY, THE 9TH JANUARY 2007 / 19TH PAUSHA 1928 WP(C).No. 872 of 2007(D) ------------------------ PETITIONER: ------------ DILEEP THOMAS, MARANATTUZHIKATHU VEEDU, CHENGAMANAD POST, KOTTARAKKARA (VIA), KOLLAM. BY ADV. SRI.O.D.SIVADAS SRI.S.SUNIL NARAYANAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, AGRICULTURE (EB) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF AGRICULTURE, AGRICULTURE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.K. DENESAN, J. = = = = = = = = = = = = = = = W.P.(C) No. 872 OF 2007 D = = = = = = = = = = = = = = = Dated this the 9th January, 2007 J U D G M E N T The petitioner filed an application for appointment on compassionate grounds under the dying- in-harness scheme consequent on the death of his father on 26-11-1998 who was working as Asst. Engineer in the office of the Asst. Executive Engineer (Agrl.), Kollam. After considering the application of the petitioner he was appointed as Lower Division Clerk in the pay scale of Rs.4990-7990 as seen from Ext. P4 order passed by the Director of Agriculture on 16-10-2006. The petitioner has approached this Court seeking to quash Ext. P4 order by which the Director was pleased to give him an appointment on compassionate grounds taking note of the difficulties experienced by him. He says that he does not want that job because he is a person who is duly qualified to get an appointment as Asst. Motor Vehicle Inspector in the Motor Vehicles Department, and therefore, this Court should direct the Government to give him that appointment. WPC No.872 /2007 -2- 2. Counsel for the petitioner is not in a position to bring to my notice any statutory rule which confers such a right on the petitioner to choose the post which he would like to work. It is trite that there is no reservation of posts for a person who applies on compassionate grounds under the dying-in-harness scheme. Such appointments are made, overlooking the claims of persons who are entitled to the same, on merit, just to help a family in distress to tide over the financial difficulties. The respondents have given him an employment in the very same department where his father was working. The petitioner, who got such a relief at the hands of the Government, if feels that he would like to get appointment to a higher post and that too in the Motor Vehicles Department only, this Court will not exercise its extraordinary jurisdiction to help such a person. 3. In the circumstances, I have no hesitation to hold that the petitioner does not deserve the relief prayed for. If Ext. P4 is set aside as prayed for by the petitioner, that will put him into difficulties, and therefore, I am not inclined to grant that relief WPC No.872 /2007 -3- also though the Government, probably, may not oppose the relief prayed for. The writ petition is dismissed. K.K. DENESAN JUDGE jan/