IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 37380 of 2004(Y) -------------------------- PETITIONER(S): --------------------- SREEKUMARI. V., D/O. EX.GS-121709L OEM GOPINATHAN PILLAI, RESIDING AT PAROOR HOUSE, THAMALLACKAL NORTH, THAMALLACKAL P.O., HARIPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.R.SREEDHARAN NAIR SMT.SABINA JAYAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (ARMY WELFARE) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL, BORDER ROADS, SEEMA SADAK BHAVAN, RING ROAD, DELHI CANTT, NEW DELHI-110 010. 3. THE DIRECTOR, DIRECTORATE OF SAINIK WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. ADV. SRI.V.E.ABDUL GAFOOR, ADDL.CGSC FOR R2 SR.GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37380/04 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE INVITATION LETTER FROM HIS EXCELLENCY THE PRESIDENT OF INDIA TO THE PETITIONER'S MOTHER. EXT.P2: TRUE COPY OF THE PETITIONER'S APPLICATION FOR APPOINTMENT. EXT.P3: TRUE COPY OF THE LETTER DT 2.10.99 FROM THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER'S MOTHER. EXT.P4: TRUE COPY OF THE LETTER DT 28.8.2000 FROM THE DISTRICT COLLECTOR TO THE ZILLA SAINIK WELFARE OFFICER, ALAPPUZHA. EXT.P5: TRUE COPY OF THE LETTER DT 22.1.2002 FROM THE ZILA SAINIK OFFICER, ALAPPUZHA TO THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DT 7.10.2002 FROM THE ZILA SAINIK WELFARE OFFICER TO THE PETITIONER'S MOTHER. EXT.P7: TRUE COPY OF THE LETTER DT 6.2.2003 FROM 1ST RESPONDENT TO PETITIONER'S MOTHER. EXT.P8: TRUE COPY OF THE LETTER DT 27.2.2003 FROM 1ST RESPONDENT TO THE PETITIONER'S MOTHER. RESPONDENTS EXHIBITS EXT.R(a): TRUE COPY OF THE DEFENCE SECRETARY LETTER DT 30TH APRIL, 2005 ADDRESSED TO SHRI. PM NAIR, SECRETARY TO THE PRESIDENT, RASHTRAPATHI BHAVAN, NEW DELHI, REGARDING COMPASSIONATE APPOINTMENT OF WIDOWS OF SHAURYA CHAKRA (POSTHUMOUS) AWARDEES. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 37380 OF 2004 (Y) ===================== Dated this the 29th day of June, 2010 J U D G M E N T Petitioner's father late Sri.Gopinathan Pillai, was a Bull Dozer operator in the General Reserve Engineering Force (GREF for short). On 11th of November, 1988, while he was operating a Dozer to clear the debris of a land slide for providing passage to Army vehicles at Arunachal Pradesh, due to unexpected land sliding, he was injured and he succumbed to injuries. On 28th of March 1990, late Gopinathan Pillai was awarded “Keerthi Chakra” posthumously. 2. On attaining majority, the petitioner, daughter of late Sri.Gopinathan Pillai, submitted Ext.P2 application for employment assistance. The application was finally rejected by Ext.P6 dated 7/10/2002. Further request made was also considered and rejected by Ext.P8. It is challenging Exts.P6 and P8 and for a direction to the respondents to appoint the petitioner in any suitable vacancy recognising the gallantry award conferred on her deceased father, the writ petition is filed. 3. At the outset, it should be stated that in the additional WPC No. 37380/04 :2 : counter affidavit filed on behalf of respondents 1 and 3, it is seen that the petitioner's mother nominated a nephew of the deceased, and GREF appointed Sri.Prasad, his nephew as Pioneer on 10th of November, 1989. Therefore, one of the nominees of the wife of the deceased has already been given employment in the GREF, the organization where the deceased was working. 4. In so far as the claim made by the petitioner against respondents 1 to 3 are concerned, according to the State Government, the scheme for providing employment assistance to dependants of defence personnel killed/disabled/missing in action is confined only to those killed and disabled in action or disabled while in operation areas due to high altitude or adverse climatic conditions or due to accidents arising during peace time conditions. It is stated that in so far as GREF and BSF personnel are concerned, a certificate from the military authority confirming that the person concerned was on military duty should be produced to consider the request for employment. It is stated that even if it is accepted that inspite of the appointment given by GREF to one of the nominees, the application of the petitioner could have been considered in terms of the scheme, which WPC No. 37380/04 :3 : requires production of the certificate mentioned above. It is stated that not only that the death of Sri.Gopinathan Pillai was not in the circumstances provided for in the scheme, but also the certificate of military duty was not produced. It is therefore stated that even going by the terms of the scheme, petitioner could not have claimed employment. 5. There is nothing to contradict the averments in the counter affidavit. In such circumstances, going by the averments, the petitioner is ineligible under the scheme. Therefore, the writ petition is only to be rejected and I do so. ANTONY DOMINIC, JUDGE Rp