IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 9103 of 2009(G) ------------------------- PETITIONER ------------------- K.A.MOHAMMED ASSIF, S/O.K.K.ALIKUNJU, AGED 30 YEARS, RESIDING AT KIZHAKKEKKARA HOUSE, CHANGAMPUZHA NAGAR, KALAMASSERY, ERNAKULAM DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE (F) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, ERNAKULAM. R1 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR R2 ADVS. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD SRI.A.A.ABUL HASSAN, SC, WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9103 of 2009(G) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE DEALTH CERTIFICATE EXT.P2. COPY OF THE APPLICATION OF THE PETITIONER. EXT.P3. COPY OF THE LEGAL HEIRSHIP CERTIFICATE EXT.P4. COPY OF THE RELINQUISHMENT LETTER EXT.P4(A). COPY OF THE DO. DO. EXT.P5. COPY OF THE RESOLUTION OF THE BOARD EXT.P6. COPY OF THE RELEVANT PAGE OF THE NOTE EXT.P7. COPY OF THE LETTER of the GOVERNMENT EXT.P8. COPY OF THE RESOLUTION OF THE BOARD. EXT.P9. COPY OF THE LETTER OF THE BOARD EXT.P10. COPY OF THE RELEVANT PAGE OF THE NOTICE EXT.P11. COPY OF THE NOTIFICATION OF THE BOARD EXT.P12. COPY OF THE COVERING LETTER EXT.P13. COPY OF THE REPRESENTATION OF THE PETITIONER / TRUE COPY / P.A. TO JUDGE VK S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 9103 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30th day of May, 2011. J U D G M E N T Petitioner's father died on 15.6.2004 while in service of the Kerala State Wakf Board. At that time, the petitioner's mother was also no more. The petitioner's father was survived by the petitioner, his mother and sister. The petitioner submitted an application for compassionate employment in the Board on 5.7.2004. But, due to lack of specific provision under the rules applicable to the employees of the Wakf Bord, his application is not being considered, is the grievance of the petitioner. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents to regularize the service of the petitioner forthwith or in the alternative consider the application of the petitioner for employment assistance in the light of the Draft Rules. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to effectively consider and pass appropriate orders upon Ext. P13 after affording an opportunity of being head to the petitioner within a time limit.” 2. On 20.3.2009 on the basis of the submission made by the counsel for the Wakf Board, this Court passed the following order: “Admit. Issue urgent notice to R1. Standing counsel takes notice for R2. The petitioner is an applicant for compassionate appointment under the 2nd respondent Board. Only because of the absence of the publication of the relevant rules, the Board is unable to process the W.P(C) No. 9103 of 2009 -: 2 :- application and consider his claim. Standing counsel submitted that already draft rules have been framed and as per Ext. P12 letter dated 29.1.2009 the Board has been requested to publish the regulation amendment regarding the compassionate employment scheme in the next issue of the Kerala Gazettee. There will be a direction to the 1st respondent to take appropriate action to publish the amendment as expeditiously as possible. Petitioner will communicate a copy of this order along with copy of the writ petition to the 1st respondent.” It is submitted before me that the proposed amendment to the rules has not yet been finalised. It is further submitted that the petitioner has been continuing as a provisional Lower Division Clerk in the Wakf Board from 1.9.2004. 3. For all Government entities, compassionate employment scheme has been made applicable. As such, it is beyond comprehension as to why that benefit is not being extended to the employees of the Kerala State Wakf Board. In fact, I find that the Board had taken a decision to give compassionate employment to the petitioner and forwarded the said decision to the Government under cover of Ext. P9 requesting that sanction may be accorded for appointment of the petitioner. Admittedly, the petitioner has been working as a Lower Division Clerk on provisional basis. Government has been taking decisions to regularise provisional employees in various Government entities. As such, I find it difficult to accept why the Government is silent on Exts.P8 and P9 despite the fact that the petitioner's father was an employee who died while in service. If there is no provision for compassionate employment, at least the Government can W.P(C) No. 9103 of 2009 -: 3 :- take a decision to regularise the provisional employment given to the petitioner. The petitioner is already 32 years old. In the above circumstances, it is only appropriate that the 1st respondent takes a final decision on Exts.P8 and P9, on the basis of the observations made above. This shall be done as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Th writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/