IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3761 of 2009(W) ------------------------- PETITIONER(S): --------------- E.V.SWAPNA, "SREESIVAM", MARUTHOORKONAM, KOTTUKAL P.O., BALARAMAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, THIRUVANANTHAPURAM CORPORATION. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN ADV.SRI.P.K.MANOJ KUMAR, SC, TVM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3761/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 J U D G M E N T The petitioner is the widow of Sri.Asok Kumar, who was an employee of Thiruvananthapuram Corporation. He was appointed as Anti- Mosquito Worker as per order dated 26/09/2003. 2. He was involved in a criminal case alleging offence under Section 138 of the Negotiable Instruments Act, 1881, which led to his conviction for a period of eight months along with a fine of Rs.3,50,000/-. The judgment of the Trial Court was challenged in Crl.A.No.442/2007 before the Sessions Court, Thiruvananthapuram. But by invoking the provisions under Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 he was removed from service. 3. He died due to Cardiac Arrest on 03/05/2008 (Ext.P2). He is survived by the petitioner being the widow and two minor children aged 4 and 5 respectively apart from the old mother, aged 61 years. Ext.P3 is the legal heir certificate produced by the petitioner which is published in the gazette notification dated 28/10/2008. 4. Seeking for an appointment under the dieing-in-harness scheme, the petitioner has filed Ext.P4 representation before the second W.P.(C) No.3761/2009 -:2:- respondent. This writ petition is filed, since so far the respondents have not taken any action on Ext.P4. 5. Heard the learned Standing Counsel for the second respondent and the learned Government Pleader. There will be a direction to the second respondent to consider the application, Ext.P4 under the scheme for appointment for heirs of employees dieing-in-harness. Appropriate orders shall be passed within a period of two months from the date of receipt of the copy of this judgment after hearing the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms