IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 19781 of 2011(W) -------------------------- PETITIONER(S): --------------- SUSAN.P.V., ARUKAKKAL HOUSE, PULLUVAZHY.P.O., ERNAKULAM DISTRICT-683541. BY ADV. SRI.SAJU JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-695001. 3. DISTRICT MEDICAL OFFICER OF HEALTH, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH ERNAKULAM-682030. BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19781 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE CERTIFICATE DATED 8.6.2010 MENTIONING THE NAMES OF THE LEGAL HEIRS OF LATE BABU A.J., ISSUED BY THE TAHSILDAR OF KUNNATHUNADU TALUK. EXT.P2: TRUE COPY OF THE APPLICATION WITHOUT ITS ENCLOSURES. EXT.P3: TRUE COPY OF THE LETTER No.62615/K3/10/HOME. DATED 27.8.2010 OF THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE LETTER No.A4-22939/2010 DATED 19.10.2010 OF THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE LETTER No.A4-18294/2005 DATED 6.12.2010 OF THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER No.A4-18294/2005 DATED 11.1.2011 OF THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF THE LETTER No.EH 4-75339/10/DHS DATED 22.2.2011 OF THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF THE LETTER No.EH 4-75339/10/DHS DATED 23.3.2011 OF THE 2ND RESPONDENT. EXT.P9: TRUE COPY OF THE INFORMATIN GIVEN TO THE BROTHER OF THE PETITIONER DATED 4.12.2010. EXT.P10: TRUE COPY OF THE APPLICATION DATED 1.11.2010 SUBMITTED BY THE BROTHER OF THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT. EXT.P11: TRUE COPY OF THE LETTER No.118/2011 OF THE MEDICAL OFFICER IN CHARGE OF P.H.C. KOTTAPPADY. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 19781 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of August, 2011 J U D G M E N T The petitioner's husband died in harness on 14.2.2010 while working as Grade Head Constable in the Kerala Police Department. On 10.6.2010 the petitioner submitted Ext.P2 application seeking employment under the compassionate employment scheme. Thereupon, the first respondent directed the second respondent to ascertain suitability of the petitioner for appointment to the post of Junior Public Health Nurse Grade-II and also to report regarding the availability of vacancy in Ernakulam District in the said cadre. Thereupon, as per Ext.P8 dated 29.3.2011 the second respondent reported that the petitioner is eligible for appointment as Junior Public Health Nurse under the Health Service Department as she is holding Auxiliary Nurse- Midwifery certificate issued by the Kerala Nurses and Midwives Counsel. In fact, on 20.2.2011 the 2nd respondent through Ext.P7 informed the first respondent regarding the non-availability of vacancy of Junior Public Health Nurse for WPC.19781/2011 : 2 : appointment under the Compassionate Employment Scheme. The grievance of the petitioner is with respect to the inaction on the part of the first respondent in considering the application despite the receipt of Ext.P8. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. 3. Ext.P8 would reveal that the suitability of the petitioner for appointment as JPHN was ascertained by the second respondent pursuant to a direction in that regard by the first respondent and the petitioner was found eligible for appointment as Junior Health Nurse under the Health Service Department. Evidently, the said fact was also duly reported to the first respondent by the second respondent as is obvious from Ext.P8. At the same time the first respondent was also informed through Ext.P7 regarding non-availability of vacancy in the cadre of JPHN Grade II for appointment under the Compassionate Employment Scheme. However, Ext.P7 is dated 20.2.201. With respect to the vacancy position since Ext.P7 no material is available before this Court. Taking into account all such circumstances, this writ petition is disposed WPC.19781/2011 : 3 : of with a direction to the first respondent to consider and pass fresh orders on Ext.P2 application submitted by the petitioner for appointment under the compassionate employment scheme in the light of the report in Ext.P8 and taking into account the availability of vacancy and in accordance with law. This shall be done expeditiously, at any rate, within a period of three months from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge