IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 7531 of 2009(J) -------------------------------------- PETITIONER(S): ------------------------- 1. K. CHANDRAVATHY, NADUVATTATHIL HOUSE, THALORE.P.O, THRISSUR - 680 306. 2. ANILKUMAR.K, NADUVATTATHIL HOUSE, THALORE.P.O, THRISSUR - 680 306. 3. ANJALI SETHUMADHAVAN, NADUVATTATHIL HOUSE, THALORE.P.O, THRISSUR-680306, MINOR, REP. BY HER MOTHER AND NATURAL GUARDIAN K. CHANDRAVATHY, NADUVATTATHIL HOUSE, THALORE.P.O, THRISSUR - 680 306. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.PETER JOSE CHRISTO, MR.S.A.ANAND. RESPONDENT(S): --------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, THRISSUR - 680 656, REP. BY ITS REGISTRAR. 2. THE PROFESSOR AND HEAD, UNIVERSITY LIVESTOCK FARM AND FODDER, RESEARCH DEVELOPMENT SCHEME, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR, PIN - 680 651. R1 BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE R2 BY ADV. MR. RENJITH THAMPAN, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.7531 of 2009-J ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T Heard Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioners and Sri.Renjith Thampan, the learned standing counsel appearing for the respondents. 2. The petitioners are the wife and children of late N.Sethumadhavan, who was a labourer in the Live Stock Farm of the Kerala Agricultural University at Mannuthy. The service of late M.Sethumadhavan was terminated by Ext.P10 order dated 15.1.1993 for unauthorized absence. Ext.P10 has become final. More than five years thereafter he passed away on 29.11.1998. In this writ petition, the petitioners collaterally challenge Ext.P10 and seek employment as the dependents of late N.Sethumadhavan. The petitioners contend that the termination of service of late N.Sethumadhavan by Ext.P10 order dated 15.1.1993 is void and therefore he should be deemed to have been in service when he passed away on 29.11.1998. On that basis the petitioners contend that as the dependents of late N.Sethumadhavan they are entitled to all service benefits including appointment under the W.P(C) No.7531 of 2009-J 2 compassionate employment scheme. 3. Ext.P10 order of termination was passed on 15.1.1993, Late N.Sethumadhavan did not challenge the order. He passed away long thereafter on 29.11.1998. He was not in service when he passed away on 29.11.1998 and therefore it cannot be said that he died while in service. The petitioners challenge Ext.P10 collaterally for the purpose of seeking employment assistance under the scheme for compassionate employment. Even if Ext.P10 order was wrongly passed, it was passed at a time when late N.Sethumadhavan was in service. He did not challenge it till his death. He died only on 29.11.1998. Nearly a decade later, the petitioners are attempting to challenge it on the ground that the officer who issued Ext.P10 was not competent to terminate the service of late N.Sethumadhavan. In my opinion petitioners cannot not challenge Ext.P10 at this distance of time. I am therefore not persuaded to agree with the petitioners that as the legal heirs of late N.Sethumadhavan, they are entitled to claim appointment under compassionate employment scheme. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE ab //True Copy// PA to Judge