IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 30719 of 2009(H) -------------------------- PETITIONER: --------------- A.SHAJEER, S/O. ABDUL SALAM, TC 43/725, KAMALESWARAM, MANACAUD PO., THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.30719 of 2009 -------------------------- Dated this the 9th November,2009 J U D G M E N T The main prayer in the writ petition is for a direction to the respondent to consider Ext.P6 application and appoint the petitioner under the compassionate scheme, as a teacher. 2. Petitioner is the son of late Jubaira Beevi who died in harness on 12.5.2007 in a motor accident. She had been working as a Junior Arabic Teacher in Government T.T.I Manacaud in Thiruvananthapuram. As on the date of her death, she had put in a total service of 31 years 4 months and 17 days. 3. Apart from the petitioner, she had one daughter Shajina, another son Shameer and husband Abdul Salam as the legal heirs. Petitioner had acquired the qualification in Islamic History from the University of Kerala and has also admitted to the Degree of Master of. Philosophy and Bachelor of Education. According to the petitioner, he was fully dependent of the deceased mother and therefore he is eligible under the scheme for W.P ( C) No.30719 of 2009 2 compassionate appointment as provided in G.O (P) No.12/99/P&ARD dated 24.5.1999. 4. Ext.P6 is the application submitted by the petitioner. It is accompanied by various documents which have been prescribed in the above Government Order. 5. The application submitted by the petitioner as per Ext.P6 is kept without passing any order so far. It is the case of the petitioner that respondent is keeping the application pending on the ground that the petitioner is married. It is submitted that the petitioner's marriage is only after the death of his mother. Reliance is placed on the decisions of this Court in Rev.Mother Dephine Mary Vs. State of Kerala [2002 (1) KLT 137], St.Ignatius High School Vs. State of Kerala[2005 (3) KLT 1000] and the decision of the learned Single Judge in Ashkarali Vs. State of Kerala [2009 (1) KLT S.N 17) to contend for the position that the marriage will not deprive the claim for appointment under the compassionate scheme. 6. It is for the respondent to take a decision in accordance with law and in accordance with the principles W.P ( C) No.30719 of 2009 3 laid down by this Court in the above decisions. 7. Heard learned Government Pleader also. It is submitted that final orders will be passed on Ext.P6, in accordance with law. Hence there will be a direction to the respondent to take a decision on Ext.P6, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the writ petition along with copy of this judgment before the respondent, for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.30719 of 2009 4 W.P ( C) No.30719 of 2009 5