IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6223 of 2011(C) ------------------------- PETITIONER(S): --------------- KUNJUMON T.G., S/O.GOPALAN T.S., THANUPRAYIL, MARANGOLI P.O., KOTTAYAM DISTRICT. BY ADV. SRI.E.S.ASHRAF RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICE, O/O.DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM 3. THE DISTRICT MEDICAL OFFICER, O/O.THE DISTRICT MEDICAL OFFICER, KOTTAYAM. GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 6223 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of March, 2011. J U D G M E N T The petitioner's mother was a part time sweeper in the service of the Government of Kerala, who died in service on 6.11.2007. According to the petitioner, at the time of the death of his mother, the petitioner was a dependent of his mother. Therefore, although he is a married son, he was eligible to be considered for compassionate employment as per the compassionate employment scheme of the Government of Kerala, is his contention. But, by Ext. P5, the petitioner's claim was rejected on the ground that married children are not entitled to employment under the compassionate employment scheme. That was reiterated by the Government by Ext. P6 order. The petitioner is challenging Exts.P5 and P6 orders. 2. I have heard the learned Government Pleader also. 3. As per the compassionate employment scheme, married sons and married daughters are also eligible for compassionate employment, provided they were dependent on the Government servant on the date of death, which has been reiterated by this Court also in several decisions. That being so, Exts.P5 and P6 orders are unsustainable. Accordingly, they are quashed. The 1st respondent is directed to reconsider the claim of the petitioner in accordance with the compassionate employment scheme afresh as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The petitioner shall also be afforded an opportunity of being heard. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.