IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 25341 of 2007(P) -------------------------- PETITIONER: ------------ NADESAN AGED 38, S/O LATE SREEDHARAN NADAR,THETTIVILA PUTHEN VEEDU,KALLIYOOR PO, THIRUVANANTHAPURAM DIST. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT,AGRICULTURE (FARMS) DEPARTMENT,THIRUVANANTHAPURAM. 2. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS, VELLANIKKARA. BY ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R2 BY GOVERNMENT PLEADER SHRI T.T.MUHAMOOD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF DEATH CERTIFICATE DATED 25.5.2002 EXT.P2 TRUE COPY OF CERTIFICATE DATED 12.4.2005 EXT.P3 TRUE COPY OF COMMUNICATION DATED 22.7.2005 EXT.P4 TRUE COPY OF REPRESENTATION DATED 28.3.2007 BY MOTHER OF PETITIONER EXT.P5 TRUE COPY OF ORDER DATED 11.4.2007 OF SECOND RESPONDENT EXT.P6 TRUE COPY OF ORDER DATED 24.5.1999 OF GOVT. OF KERALA //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.25341 of 2007 P -------------------------------------- Dated this the 2nd day of September, 2008. J U D G M E N T The father of the petitioner, viz., late Sreedharan Nadar, was working as a Farm Worker in the Kerala Agricultural University. Sreedharan Nadar died on 22.5.2002. The petitioner made an application for employment assistance under the compassionate employment scheme. The petitioner states that necessary certificates and documents were produced by him. The University took the view that the application submitted by the petitioner for employment assistance cannot be considered. Ext.P5 is the communication in that regard. The relevant portion of Ext.P5 reads as follows:- “It has been undeniably observed that late Sreedharan Nadar entered into service in the University with incorrect date of birth. He should not have been enrolled as a permanent labourer, had he furnished the correct date of birth. In the light of the above facts Government have made it clear that the application for employment assistance by Shri.S.Nadesan, S/o.late Sreedharan Nadar cannot be considered. A copy of the Government letter dated 26.2.2007 is enclosed for reference.” WP(C) No.25341/2007 2 2. The reliefs prayed for in the Writ Petition is to issue a writ of certiorari to quash Ext.P5 order and for issue of a writ of mandamus directing the respondents to provide compassionate employment to the petitioner under Dying-in-harness Scheme. 3. A statement is filed on behalf of the University in which it is stated that as per the application submitted by the petitioner, the age of Shylaja, the eldest sister of the petitioner, was shown as 40 and which was corrected as 41. If so, the year of birth of Shylaja would be 1963. The date of birth of late Sreedharan Nadar as shown in the records is 1.5.1955. Since the age difference between late Sreedharan Nadar and Shylaja being only less than 8 years, it is clear that late Sreedharan Nadar had not furnished the correct details at the time of securing the employment. In Ext.P5, it is also stated that an incorrect date of birth was shown by late Sreedharan Nadar and if his correct date of birth was shown, he would not have been enrolled as a permanent labourer. This is the only reason stated by the University for rejecting employment assistance to the petitioner under compassionate employment scheme. 4. The learned counsel for the petitioner submits that the reasons stated by the University for denying employment assistance are neither legal nor proper. After the death of an employee, the University was not justified in enquiring into the question whether he had given the correct date of birth at the time of entering service or whether he would have got permanent WP(C) No.25341/2007 3 employment. These are not matters to be considered while considering the question of providing compassionate employment assistance under the compassionate employment scheme. The only question to be considered is whether the deceased was a permanent employee and whether the applicant is entitled to get compassionate employment. These matters were not evidently considered by the University. 5. In my view Ext.P5 order is liable to be quashed. I do so. University shall consider the matter afresh and dispose of the application submitted by the petitioner for employment assistance under the compassionate employment scheme. University shall pass appropriate orders within a period of one month. Writ Petition is allowed to the extent indicated above. K.T. SANKARAN, JUDGE. cks WP(C) No.25341/2007 4