IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 OP.No. 2748 of 2000(B) ------------------------------------ PETITIONERS: -------------------- 1. R.SHEENA, W/O.LATE N.REGHUVEERAN, SAJITH NIVAS, PALAYANKUNNU P.O. VARKALA, THIRUVANANTHAPURAM. 2. MISS.REGHA REGHU, D/O.LATE N.REGHUVEERAN, SAJITH NIVAS, PALAYANKUNNU P.O., VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.VELLAYANI SUNDARARAJU SRI.VINOD J.DEV SMT.P.MEENAKUMARI RESPONDENTS: ----------------------- 1. THE GENERAL MANAGER, SOUTH CENTRAL RAILWAY, SECONDERABAD. 2. THE CHIEF PERSONNEL OFFICER, SOUTH CENTRAL RAILWAY, SECONDERABAD. 3. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 4. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI. BY ADV. SRI.MATHEWS J.NEDUMPARA,SC, RAILWAYS THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON 19/02/2008 DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.4468 OF 2000 IN O.P.NO.2748 OF 2000 DISMISSED 19-2-2008 SD/-K.BALAKRISHNAN NAIR,JUDGE. SD/-P.N.RAVINDRAN, JUDGE. O.P.NO.2748/2000:- APPENDIX: PETITIONER'S EXHIBITS: EXT.P1--TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY GUDDAPAH MUNICIPALITY. EXT.P2--TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE SREE NARAYANA DHARMA SANGHAM. EXT.P3--TRUE COPY OF THE REQUEST LETTER FORWARDED TO THE IST RESPONDENT. EXT.P4--TRUE COPY OF THE ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF THE REQUEST LETTER. EXT.P5--TRUE COPY OF THE ACKNOWLEDGEMENT CARD OF 2ND RESPONDENT. EXT.P6--TRUE COPY OF THE CERTIFICATES ISSUED BY THE V COMPUTER CENTRE. EXT.P7--TRUE COPY OF THE CERTIFICATES ISSUED BY THE V COMPUTER CENTRE. EXT.P8--TRUE COPY OF THE CERTIFICATES ISSUED BY THE V COMPUTER CENTRE. EXT.P9--TRUE COPY OF THE REPRESENTATION BEFORE THE IST RESPONDENT. EXT.P10-TRUE COPY OF THE ORDER IN O.A.NO.933/99 OF CAT, ERNAKULAM. RESPONDENT'S EXHIBITS:--NIL. K.BALAKRISHNAN NAIR, & P.N.RAVINDRAN, JJ. ---------------------------------------------------- O.P.No.2748 of 2000-S -------------------------------------------- Dated this the 19th day of February, 2008. J U D G M E N T Balakrishnan Nair, J. The first petitioner's husband, who is the second petitioner's father died while in service on 24-12-1978. Immediately, the first petitioner was offered a job by the respondents under the Dying-in-harness Scheme. But, she did not accept it. At the time of death of the employee, the second petitioner was a minor child. After attaining the age of 18 years she moved for employment under the Dying-in-harness Scheme, in 1994. That means that the application was submitted after 16 years of the death of the employee. Thereafter the Central Administrative Tribunal was moved by the petitioners in 1999 by filing O.A.No.933/1999. The Tribunal took the view that, in view of various decisions of the Apex Court concerning grant of employment under the Dying-in-harness Scheme the application of the second petitioner was highly belated and the motion before the Central Administrative Tribunal was barred by limitation. (2). Going by the above facts, we find nothing illegal or irregular with the finding of the Central Administrative Tribunal. The application of the second petitioner is highly belated. The Original Application O.P.No.2748/2000 -2- was also filed long after the cause of action arose. In the result, the Original Petition fails, and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. MS