IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 OP.No. 5372 of 2001(M) ---------------------------------- PETITIONER: -------------------- V.JAYARAJ, S/O.LATE HAV.V.S.VASUDEVAN NAIR (NO.7096328-X), VARIKKASSERY HOUSE, KARIPPASSERY (KARA) KURUMASSRY(VIA), VATTAPARAMBU P.O., ERNAKULAM DISTRICT, KERALA – 683 579. BY ADV. SRI.BOBY MATHEW SMT.K.MEERA SRI.E.T.MATHEW RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENSE, SOUTH BLOCK, NEW DELHI. 2. ADJUTANT GENERAL, ARMY HEAD QUARTERS, NEW DELHI. 3. DIRECTOR GENERAL OF EME (EME PERS), ARMY HEADQUARTERS, BHQ P.O., NEW DELHI. 4. O.I.C.RECORDS, EME RECORDS, SECUNDERABAD – 500 021. BY ADV. SRI.DINESH R.SHENOY, ADDL.CGSC SRI.C.S.AJITH PRAKASH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.8872/2001 IN O.P.NO.5372/2001 M DISMISSED 4/04/2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER DTD. 24/04/1989 IN PURSUANCE TO WHICH THE MOTHER OF THE PETITIONER WAS GIVEN EMPLOYMENT BY THE KERALA STATE GOVERNMENT. EXT.P2: COPY OF THE COMMUNICATION DTD. 19/1/95 ISSUED BY THE 4TH RESPONDENT TO THE MOTHER OF THE PETITIONER ACCOMPANIED BY THE ENCLOSURE REFERRED TO IN 1 (e) OF THE COMMUNICATION. EXT.P3: COPY OF THE LETTER DTD. 6/2/97 ISSUED BY THE 4TH RESPONDENT TO THE MOTHER OF THE PETITIONER. EXT.P4: COPY OF THE GOVERNMENT OF INDIA LETTER NO. 39016/5/81-ESTT © DTD. 21/2/1981. EXT.P5: COPY OF THE COVERING LETTER DTD. 14/03/1997 AS WELL AS THE APPLICATION FORM FORWARDED ALONG WITH IT BY THE EME HEAD QUARTERS TO THE MOTHER OF THE PETITIONER. EXT.P6: COPY OF THE FORWARDING LETTER DTD. 30/07/97 (WITHOUT THE DOCUMENTS REFERRED TO THEREIN) SENT BY THE ZILLA SAINK WELFARE OFFICE, KOCHI TO THE 4TH RESPONDENT. EXT.P7: COPY OF THE LETTER DTD. 11/12/1997 WITHOUT THE ENCLOSURE REFERRED TO THEREIN SENT BY THE 4TH RESPONDENT TO THE MOTHER OF THE PETITIONER WITH A COPY TO THE 8 MAHAR, C/O.56, APO. EXT.P8: COPY OF THE LETTER DTD. 27/01/1998 SENT BY 8 MAHAR, C/O.56, APO TO 607, EME BN, C/O.56 APO. EXT.P9: COPY OF THE LETTER DTD. 24/2/1998 ISSUED BY 607, EME BN, C/O. 56 APO TO 8 MAHAR, C/O.56, APO. EXT.P10: COPY OF THE LETTER DTD. 2.2.99 ISSUED BY 607, EME BN, C/O.56 APO TO THE PETITIONER. Kss ..2/- ...2..... O.P.NO.5372/2001 M EXT.P11: COPY OF THE REPRESENTATION DTD. ¾/1999 SENT ON BEHALF OF THE PETITIONER BY THE NATIONAL EX SERVICE MEN CO-ORDINATION COMMITTEE (KERALA) TO THE DEFENSE MINISTER WITH A COPY TO THE EMPLOYMENT OFFICER, DIRECTORATE OF SAINIK WELFARE, THIRUVANANTHAPURAM. EXT.P12: COPY OF THE REPRESENTATION DTD. 27/10/99 (WITHOUT THE ENCLOSURE MENTIONED THEREIN) SENT BY THE PETITIONER TO THE DEFENSE MINISTER WITH A COPY TO THE 607, EME BN, C/O 56 APO. EXT.P13: COPY OF THE REPRESENTATION DTD. 13/12/99 SENT BY THE PETITIONER TO THE DIRECTOR, DIRECTORATE OF SAINIK WELFARE, TRIVANDRUM WITH COPIES TO THE EMPLOYMENT OFFICER OF THE DIRECTORATE OF SAINIK WELFARE AND TO THE ZILA SAINIK WELFARE OFFICER. EXT.P14: COPY OF THE COMMUNICATION DTD. 28/12/99 ISSUED BY THE DIRECTORATE OF SAINIK WELFARE, THIRUVANANTHAPURAM TO THE PETITIONER. EXT.P15: COPY OF THE COMMUNICATION DTD. 4/1/2000 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE CENTRAL MINISTER OF STATE FOR LAW, JUSTICE, COMPANY AFFAIRS AND PARLIAMENTARY AFFAIRS. EXT.P16: COPY OF THE COMMUNICATION DTD. 21/1/2000 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE CENTRAL MINISTER OF STATE FOR LAW, JUSTICE, COMPANY AFFAIRS AND PARLIAMENTARY AFFAIRS. EXT.P17: COPY OF THE REPRESENTATION DTD. 8/1/2000 SUBMITTED ON BEHALF OF THE PETITIONER BY THE NATIONAL EX-SERVICEMEN CO-ORDINATION COMMITTEE (KERALA) TO THE 607, EME BN, C/O. 56 APO ( IN REPLY TO EXHIBIT P10). EXT.P18: COPY OF THE REMINDER DTD. 28/06/2000 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- O.P. No. 5372 OF 2001 --------------------------------------- Dated this the 4th day of April, 2008. J U D G M E N T The main grievance of the petitioner is that his request for compassionate appointment has not been considered by the 1st respondent in the proper perspective. According to him as per Ext.P4 guidelines, two persons can be given employment. His earlier request was turned down on the ground that his mother had already been given employment by the State of Kerala. Petitioner pointed out his grievance by another representation. However the same was turned down as per Ext.P10 without referring to the claim for employment. The representation was rejected only on the ground of delay. It is seen that the matter has been taken up by the National Ex-servicemen Co-Ordination Committee as per Ext.P11 before the Commanding Officer. Petitioner also has submitted Ext.P12 representation before the 1st respondent. There will be a direction to the 1st respondent to look into Exts.P11 and P12 representations and pass appropriate O.P.No.5372/2001 2 orders in accordance with law, adverting to the contentions taken by the petitioner, within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps O.P.No.5372/2001 2 KURIAN JOSEPH, J. O.P. No. 5372 OF 2001 J U D G M E N T 04.04.2008