IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 24180 of 2009(N) -------------------------- PETITIONER(S): --------------- JAYALAL .K., AGED 35 YEARS, S/O.KRISHNAN KUTTY, RESIDING AT BIJU BHAVANAM, PANNIVIZHA ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 4. THE DIRECTOR, SURVEY DIRECTORATE, THIRUVANANTHAPURAM. MR.P.NANDAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24180/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF APPLICATION DATED 07/04/2008 SUBMITTED BY THE PETITIOMER FOR COMPASSIONATE APPOINTMENT. P2 : COPY OF LETTER NO.S4-31118/2008/K.DIS DATED 26/09/2008 ISSUED BY R3 TO R4. P3 : COPY OF LETTER NO.S4-20180/2009 L.DIS DATED 20/05/2009 ISSUED BY R3. P4 : COPY OF REPRESENTATION DATED 04/08/2009 SUBMITTED BY PETITIONER BEFORE R1. P5 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R2 DATED 04/08/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24180 of 2009 --------------------------------- Dated, this the 20th day of October, 2009 J U D G M E N T The petitioner states that his mother late Smt.B.Vijayamma, who was working in the office of the Resurvey Superintendent, Adoor, as a part time sweeper, expired on 02/06/2007 after rendering 22 years of service. Thereupon, the petitioner submitted Ext.P1 application for employment assistance under the compassionate appointment scheme, in terms of the Government order dated 24/05/1999. According to the petitioner, the 3rd respondent recommended the case of the petitioner for appointment as per Ext.P2, and the 2nd respondent also decided to give him employment and directed the 3rd respondent to report available vacancies. It is stated that by Ext.P3, the 3rd respondent reported a vacancy of LD Clerk for appointing the petitioner. But however, the appointment was not made, despite Exts.P4 & P5 representations made to respondents 2 & 1 respectively. 2. According to the petitioner, the reason for delaying his appointment is that somebody had raised an objection that having regard to the fact that the petitioner is a married son of the deceased, he is not eligible for employment on compassionate WP(C) No.24180/2009 -2- grounds. It was thereupon that this writ petition is filed. 3. If as stated by the petitioner, reason for not giving him employment on compassionate grounds is that he is married son of the deceased, that ground is no longer open to the respondents in view of the judgments of this Court in Rev.Mother, Delphine Mary v. State of Kerala (2002(1) KLT 137) and St.Ignatius High School v. State of Kerala (2005(3) KLT 1000) and also in Ashkarali.K v. State of Kerala and Others (2009 Kerala High Court Cases 4370). Therefore, in view of this, the 2nd respondent has to consider Ext.P4 in the light of the above, and pass orders thereon. Therefore, the 1st respondent is directed to reconsider the claim of the petitioner as above, taking into account the dependency of the petitioner on the deceased, untrammalled by the stand it has taken in its order dated 08/04/2009, produced as Ext.R2(a) along with the counter affidavit filed. Orders as above, shall be passed as expeditiously as possible, at an rate, within two months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg