IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 2854 of 2005(M) ------------------------------------- PETITIONER(S): ---------------------- 1. JAYAKUMARI P.N., PALATIKAL MELETHIL HOUSE, KONNITHAYAM, ATTACHEKEL P.O., PATHANAMTHITTA DISTRICT. 2. ABILASH S., PALATIKAL MELETHIL HOUSE, KONNITHAYAM, ATTACHEKEL P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.D.SALIM RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. THE DIRECTORATE GENERAL OF AIR DEFENCE, ARTILLERY (ADA-5), GENERAL STAFF BRANCH, ARMY HEAD QUARTERS, DHQ P.O., NEW DELHI-110 011. 3. OIC RECORDS, AIR DEFENCE ARTILLERY RECORDS, NAISK ROAD CAMP, 422 102. ADV. SRI.V.B.PREMACHANDRAN, CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 2854/2005-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.09/3/2002-PMP-4/751988 DATED 26/12/2002 ISSUED BY PRIME MINSTER'S OFFICE. EXT.P2: COPY OF THE LETTER NO.AD/14317807N/FP/NE DATED 28/01/2003 ISSUED BY 3RD RESPONDENT. EXT.P3: COPY OF THE REMINDER DATED 01/10/04 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE LETTER NO.AD/610/14317807/PC-105/W&R/NE DATED 14/10/2004 ISSUED BY 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2854 of 2005-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2008. JUDGMENT The relief sought for in the writ petition is for a direction to the respondents to consider the application submitted by the petitioners for compassionate appointment to the second petitioner. The first petitioner is the widow and second petitioner is the son of one Sasidharan Pillai, who was serving as a gunner with the 45th Air Defence Regiment. He died on 18.5.1986. 2. At the time of death of the father, the second petitioner was a minor and after the second petitioner attained majority, the petitioners sought for appointment under the relevant scheme. When the application was directly submitted to the Hon'ble Prime Minister, it was informed by Ext.P1 that the application has been forwarded to the Defence Secretary for appropriate action. Thereafter, by Ext.P2 the first petitioner was directed to submit an application in the form prescribed which was forwarded along with Ext.P2. The required certificates were also sought for. Reminders were being forwarded from time to time by the petitioners and ultimately by Ext.P4, a reply was given to the petitioners informing that there are very few WPC 2854/2005 2 vacancies arising in establishment of Corps of Air Defence Arty and Army Headquarters as compared to aspiring candidates wait-listed at Army Headquarters due to which it takes quite long time for release of vacancy of such applicants on their own turn. The petitioners were advised to wait for their turn. It was stated that as and when vacancy is released by Army Headquarters, they will be informed accordingly. It was also informed that the son was given an opportunity by AD Arty Centre for enrolment against UHQ quota but he could not make the grade and there is no provision to relax the requirements. 3. The respondents have filed a detailed counter affidavit traversing the contentions in the writ petition. They have produced Exts.R3(a) to R3 (i) which are various communications and copies of orders relevant in the matter of consideration of claim for appointment under the compassionate scheme. In answer to the various averments, in para 14, it is stated that there exists no vacancy available for compassionate appointment of petitioner No.2 at present. Therefore, it is not a case where there was any rejection of the application as such. 4. Therefore, there will be a direction to respondents 2 and 3 to consider the application for compassionate appointment for the second petitioner and pursue the steps detailed in Ext.P4 and pass a final order after WPC 2854/2005 3 considering the claim, within a period of five months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge) kav/