IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 5978 of 2011(V) ------------------------- PETITIONER(S) : ----------------------- 1. JESSY, AGED 50, W/O.K.J.XAVIER, KANDATHIPARAMBIL HOUSE, H.NO.12/110, PANAYAPPILY, KOCHI-2. 2. JAISON K.V, AGED 27, S/O.K.J.XAVIER, DO. BY ADVS. SRI.K.S.MADHUSOODANAN SRI. T.V. JAYAKUMAR NAMBOODIRI SRI. THUSHAR NIRMAL SARATHY SRI. M.M. VINOD KUMAR SRI. P.K. RAKESH KUMAR SMT. M.A. RUXANA RESPONDENT(S): ------------------------- 1. STATE OF KERALA TO BE REP.BY SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR, UBRAN AFFAIRS, THIRUVANANTHAPURAM - 695 001. 3. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM - 682 011. R1 & R2 BY GOVT. PLEADER SMT. SMITHA SUKUMAR R3 BY ADV. SRI.V.S.SREEJITH, SC, COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 5978 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER ON 2-1-11 TO THE 3RD RESPONDENT THROUGH HEALTH OFFICER, MATTANCHERY, ZONAL OFFICE TO RELEASE OF PROVIDENT FUND. EXT.P2 : PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT DATED 11-1-11 FOR GRATUITY AND FAMILY PENSION. EXT.P3 : PHOTOCOPY OF THE APPLICATION FOR COMPASSIONATE APPOINTMENT IN THE PRESCRIBED FORM ANNEXING ALL RECORDS TO THE 1ST RESPONDENT DATED 17-12-10. EXT.P4 : PHOTOCOPY OF THE NOTICE BEARING NO. MOH.4-39958/10 DATED 10-1-11 ISSUED BY HEALTH OFFICER. EXT.P5 : PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER TO THE HEALTH OFFICER, MATTANCHERY DATED 8-2-11 TO CURE THE DEFECT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 5978 OF 2011 ----------------------------------------------------------- Dated this the 23rd September, 2011. JUDGMENT The Petitioners are the widow and son of late K.J.Xavier who died in harness. They have filed this writ petition seeking payment of the terminal benefits of late K.J.Xavier that is due to them. Pursuant to the interim orders of this Court, they have received all the terminal benefits. Now what remains is only the consideration of an application submitted by the second petitioner for compassionate appointment, which is Ext.P3. 2. The learned Govt. Pleader submits that the second petitioner's application has already been forwarded from the office of the Director, Urban Affairs to the first respondent on 22-3-2011 and orders of the first respondent are awaited. 3. In view of the above state of affairs, this writ petition can be disposed of directing the issue of final orders on the application for compassionate appointment submitted by the second petitioner, without further delay. 4. This writ petition is accordingly disposed of directing the first respondent to consider the application for compassionate WPC 5978/2011 2 appointment forwarded by the second respondent to the first respondent on 22-3-2011, in accordance with law, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj