IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WA.No. 2394 of 2008() --------------------- {IN WPC.16297/2008 OF THIS COURT} .................... APPELLANT(S): PETITIONER IN THE O.P. ----------------------------------------------------------------- NIJIN BABU.K.C., KUNNEL HOUSE MARU:SOUTH P.O., ALUMKADAVU, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.KALLADA K.SUKUMARAN SMT.K.VIJAYAMMA RESPONDENT(S)/RESPONDENTS: ----------------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCES (WSC) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, (NORTHERN REGION), KOZHIKODE. WA.No. 2394 of 2008 :: 2 :: 4. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, CANNANORE DIVISION, CANNANORE. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R1,3,4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.2394 of 2008 ------------------------- Dated this the 2nd day of January, 2009. JUDGMENT KOSHY, Ag.C.J. The appellant's father, who was employed as a casual labourer in the erstwhile Public Health Engineering Department (which was renamed as the “Kerala Water Authority”) died on 6.10.1987. The appellant was only 3 years of age at that time. When he became major, he filed Ext.P1 application before the Water Authority for appointment under compassionate ground. The same was rejected. The appellant's father was not absorbed by the Water Authority, after its formation. 2. The contention of the appellant is that other casual labourers were absorbed as NMR workers in the Water Authority. Since his father had put in 1792 days' of service of PHED, his father would have been entitled to be absorbed as NMR worker and therefore, the appellant is entitled to be appointed on compassionate ground, under W.A.NO.2394/08 :: 2 :: the dying in harness scheme. But, the fact remains that the father died before he was absorbed as a regular worker. The learned single Judge observed that the appellant's father died in 1987 and he cannot be appointed at this distance of time under the dying in harness scheme as it is intended to tide over the sudden financial crisis faced by the family of the deceased and not providing employment under inheritance. Even though we have sympathy towards the appellant, we see no grounds in the appeal. It is, therefore, dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge