IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 12437 of 2010(D) -------------------------- PETITIONER(S): ---------------------- RICHARD.K.R., S/O.WILLIAM RAPHAEL, AGED 32 YEARS, KIDANGANAM HOUSE, THALORE.P.O, THRISSUR. (NOW WORKING AS PEON AT PUTHUKKAD GRAMA PANCHAYAT, THRISSUR DISTRICT). BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDL.CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (C.E. CELL) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ADDL.CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF PANCHAYAT, THRISSUR DISTRICT. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 12437 OF 2010 (D) ===================== Dated this the 25th day of May, 2010 J U D G M E N T Claiming to be the dependent of his brother, who expired on 14/11/2006, while working as a Police Constable, petitioner submitted an application for employment under the dying in harness category. Although he sought appointment as an LDC, which was also offered to him by Ext.P1 and he was told that his claim will be considered as and when his turn arrives, later he was offered the post of Peon, which the petitioner accepted. Subsequent to the joining of the post of peon, petitioner submitted representations seeking appointment as LDC. This claim was not considered and therefore the writ petition is filed. 2. From the facts, it is evident that petitioner has already been offered employment as a peon, which he has accepted without reservation. If so, he cannot claim appointment to any higher or different category. Even otherwise, the claimant for employment under the dying in harness category cannot choose the post to which he is to be appointed, and it is entirely for the employer to offer employment in the available categories. This WPC No. 12437/10 :2 : has been done in this case and the petitioner has accepted the employment. Therefore, there is no merit in the claim raised by Exts.P6 to P8. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp