IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 4198 of 2009(Y) --------------------------------------- PETITIONER(S): -------------------------- PRIYAMOL.J., D/O.LATE JOHN BURK, PRIYA BHAVAN, KANNIMELCHERRY, KAVANAD PO., KOLLAM. BY ADVS. MR.B.MOHANLAL, SMT.P.S.PREETHA. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED., REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHI NAGAR, KOCHI. R1 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R2 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4198/2009 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM IN THE PRESCRIBED FORM AS PER G.O.(P) NO.12/99/P&ARD DTD. 24/05/1999 AND RELEVANT RECORDS. EXT.P2: COPY OF THE ORDER NO.7834/C3/2006/F&CS DEPARTMENT DTD. 4/10/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE ORDER DTD. 16/10/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER NO.4651/C3/2007/F&CS DEPARTMENT DTD. 11/06/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE ORDER NO.31611/CEC-2/2007/GENERAL ADMINISTRATION DTD. 30/06/2007 ISSUED BY ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KERALA. EXT.P6: COPY OF THE REVIEW PETITION DTD. 02/10/2007 FILED BY THE PETITIONER'S MOTHER AGAINST EXT.P2 ORDER BEFORE THE CHIEF MINISTER OF KERALA. EXT.P7: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER'S MOTHER. EXT.P8: COPY OF THE G.O.(P) NO.12/99/P&ARD DTD. 24/05/1999. EXT.P9: COPY OF THE DETAILS IN RESPECT OF APPOINTMENT OF SMT.CELINE ISSUED BY THE STATE PUBLIC INFORMATION OFFICER DTD. 12/02/2008 TO SRI.VADDY GEORGE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.4198 of 2009 -------------------------- Dated this the 26th February,2009 J U D G M E N T Petitioner is the daughter of deceased Sri. John Burk who died in harness on 20.3.2005 while he was working as a Higher Grade Salesman in the Maveli Store in Anchalummoodu, Kollam under the 2nd respondent Corporation. Apart from the petitioner, other surviving legal heirs are her mother and another sister. Petitioner has secured B.Com and MS Office Course and accordingly applied for getting the benefit of the scheme provided for appointment under the Dying-in-harness Scheme. By Exhibit-P2 order, her claim stands rejected stating that as the petitioner was married prior to the death of her father, she is not entitled for the benefit of the scheme. This was followed by Exhibit-P3 reply forwarded by the Corporation also. To the representation submitted by the petitioner's mother, the Government has clarified this position, as per Exhibit-P4. Exhibit-P6 is a further W.P ( C) No.4198 of 2009 2 representation filed by the petitioner's mother. The petitioner is relying upon the Scheme Exhibit-P8 itself to contend for the position that married daughter is not disabled from claiming the benefit. 2. The said issue is covered in favour of the petitioner by a decision of this Court in Ashkarali Vs. State of Kerala [2009 (1) KLT S.N 17) , whereby, this Court held as follows: “Irrespective of marriage, the son or daughter of the deceased employee may have been dependent on the deceased employee, and that, while marriage may change the status of the son/daughter, his or her status as a dependent son or dependent daughter may continue. The mere fact that the son/daughter got married by itself will not indicate that he/she is not eligible for appointment under the Compassionate Employment Scheme.” 3. In the light of the above legal position, the application of the petitioner is liable to be considered in accordance with other para meters. It is averred by the petitioner that her mother and grand-mother are looked after by her. W.P ( C) No.4198 of 2009 3 4. Therefore, the writ petition is allowed. Exhibits P2 to P5 and P7 are quashed. There will be a direction to the 1st respondent to reconsider the application of the petitioner for the benefit under the Compassionate Employment Scheme. Final orders will be passed within a period of two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.4198 of 2009 4 W.P ( C) No.4198 of 2009 5