IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 32204 of 2004(H) --------------------------------------- PETITIONER: ------------------- K.L. JAYAKRISHNA MENON, S/O. LEELA BHAI, KUNNEPPILLIL HOUSE, PAMPAKUDA, MOOVATTUPUZHA. BY ADV. SRI.P.V.BABY. RESPONDENT: ---------------------- SREE CHITRA THIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM-695 011, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.T.R.RAVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32204/2004-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REVISED CONSOLIDATED INSTRUCTIONS ON THE SCHEME FOR COMPASSIONATE APPOINTMENT, AS PER O.M. NO.14014/6/94-ESTT.(D) DTD. 09/10/1998 OF THE GOVERNMENT OF INDIA. EXT.P.2: COPY OF THE DEATH CERTIFICATE DTD. 13/01/2004 ISSUED BY THE CORPORATION OF COCHIN. EXT.P.3: COPY OF THE APPLICATION DTD. 21/06/2004 SUBMITTED BY THE MOTHER OF THE PETITIONER BEFORE THE RESPONDENT. EXT.P.4: COPY OF THE LETTER DTD. 07/08/2004 ISSUED BY THE SREE CHITRA THIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY EMPLOYEES' CO- OPERATIVE SOCIETY TO THE PETITIONER. EXT.P.5: COPY OF THE ORDER DTD. 02/07/2004 ISSUED BY THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.32204 Of 2004 ----------------------------------------------------- DATED THIS THE 14th DAY OF JANUARY, 2011 J U D G M E N T The challenge is against Exhibit P5 communication whereby the request made by the petitioner's mother for appointment of the petitioner under the compassionate appointment scheme was rejected stating that there is no provision in the Institute Rules to give him employment. 2. The deceased was the sister of the petitioner's mother. She remained unmarried. In the circumstances, the petitioner put in an application. Reliance is placed on Exhibit P1 Scheme. Therein also going by Note 1 to Clause 2 dependent family member will include brother, or sister in the case of an unmarried Government Servant. Herein evidently, the sister is not the applicant, but her son is the applicant. 3. In that view of the matter, Exhibit P1 Scheme will not apply to the petitioner. 4. The learned counsel for appearing for the respondent submitted that even under the relevant Scheme framed by the Institute, only the spouses and the children are eligible to apply. W.P.(C)No.32204/04 -2- It is further pointed out that Exhibit P1 is not the Scheme that is applicable. In that view of the matter, as the petitioner will not come within the parameters of any of these Schemes, he is not entitled for the benefit. Therefore, the Writ Petition is dismissed. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn