IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 14002 of 2009(U) --------------------------------------- PETITIONER(S): ------------------------- ANILKUMAR.K., KARINIRAPPIL HOUSE, ARUNOOTTIMANGALAM.P.O., (VIA) KADUTHURUTHY, KOTTAYAM DIST. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA MR.PETER JOSE CHRISTO MR.S.A.ANAND RESPONDENT(S): ------------------------- STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14002 of 2009 -------------------------------------- Dated 22nd May, 2009 JUDGMENT Heard Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioner and Sri.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner's mother, late K.K.Thankamma passed away on 26.6.2007 while she was working as Nursing Assistant in the Community Health Centre at Arunoottimangalam in Kottayam District. After her death, the petitioner applied for appointment under the dying-in-harness scheme. That application was rejected on the short ground that the petitioner is the married son of the deceased employee and the said decision was communicated to the petitioner by the Government by Ext.P4 letter dated 4.3.2009. Ext.P4 is under challenge in this writ petition. 3. A Division Bench of this Court has in Rev.Mother, Delphine Mary v. State of Kerala (2002 (1) KLT 137) held that married sons/daughters are also eligible to be considered for appointment under the dying-in-harness scheme if they are otherwise eligible. The Division Bench held that though marriage may change the status of the son or daughter as the case may be, his/her status as WP(C).No.14002/2009 2 a dependent of the deceased employee may continue. A similar view was taken by another Division Bench of this Court in St.Ignatius High School v. State of Kerala (2005 (3) KLT 1000). A learned single Judge of this Court has in W.P.(C)No.8547 of 2007, considered the scope of the Government order governing appointments under the dying-in-harness scheme and held that the emphasis is on dependency and not on marriage. In the light of the authoritative pronouncements of this Court in the decisions referred to above, the stand taken by the Government in Ext.P4 cannot be sustained. In the result, the writ petition is allowed, Ext.P4 is quashed and the Government are directed to reconsider the application submitted by the petitioner for employment under the compassionate employment scheme and pass orders thereon expeditiously and in any event within three months from the date on which the petitioner produces a copy of this writ petition along with a certified copy of this judgment before the Secretary to Government, Health and Family Welfare Department. P.N.RAVINDRAN Judge TKS