IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 362 of 2006(R) ------------------------ PETITIONER: ------------ SMT.K.BEENA, SARASWATHI MANDIRAM, S.L. PURAM, ALAPPUZHA DISTRICT, KERALA STATE. BY ADV. SRI.G.BENO SRI.S.SHYAM RESPONDENTS: ------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY,MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI. 2. THE MAJOR, GARRISON ENGINEER, 869, ENGINEER WORKS SECTION, C/O. 99, A.P.O. 3. HEAD QUAERTERS CIEF ENGINEER, SHILLONG ZONE, SPREAD EAGLE FLATTS, SHILLONG-793011. BY ADV. SRI.K.P.MUJEEB, ADDL.CGSC FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- WP(C).No. 362 of 2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE MEDICAL OFFICER DATED 27.3.1998 EXT.P2: TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DT. 7.11.1998 BEARING NO.1265/31/EIE EXT.P2(a): TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DT. 6.2.99 BEARING NO.1265/31/EIE. EXT.P3: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14.4.1998 EXT.P4: TRUE COPY OF THE LETTER ISSUED TO THE PETITINER BY THE 2ND RESPONDENT DT.20.6.00 BEARING NO.1213/K.B/9/EIC (2). EXT.P5: TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DT.24.6.2000 EXT.P6: TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 24.11.2000 EXT.P7: TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DT.31.3.2001 RESPONDENTS EXHIBITS: EXT.R2(a): TRUE COPY OF THE LETTER NO.19(4)824/99-98-D(LAB) DATED 9.3.2001 ISSUED BY THE MINISTRY OF DEFENCE. /TRUE COPY/ P.A TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No. 362 of 2006 -------------------------- Dated this the 28th July, 2008 J U D G M E N T Petitioner’s husband Sri Gopakumar while working as Electrician of the 2nd respondent died in harness on 27.3.1998. Petitioner submitted an application for appointment under Dying-in-harness scheme. By Exhibit P5 she was intimated that the seniority for considering her application is 52. Thereafter, by Exhibit P6, she was informed that the current position will be intimated on receipt of intimation from the higher authorities. Since there was no further intimation, the writ petition was filed seeking a direction to the 2nd respondent to take immediate action for providing suitable employment to the petitioner on compassionate grounds. 2. A counter affidavit has been filed by respondents 2 and 3. It is contended that the Board of officers had considered the petitioner’s case on four occasions in the quarter ending September 2001, March W.P ( C) No. 362 of 2006 2 2004, June 2004 and September 2004. Apparently, she was not found eligible. I do not find any reply affidavit on behalf of the petitioner. 3. The relief prayed for in this writ petition is only for a direction to respondents to consider the petitioner for providing suitable employment. There is no challenge against the decision stated to have been taken by the respondents after considering the petitioner’s case. If any such decision has not been communicated so far, it shall be so done by the 2nd respondent, within a period of two months from the date of receipt of a copy of this judgment along with the request made by the petitioner in this regard. I have not considered the correctness of the decision taken by the respondents to reject the petitioner’s application for appointment on compassionate grounds. Subject to the above, the writ petition is disposed of. (V.GIRI, JUDGE) ma W.P ( C) No. 362 of 2006 3 W.P ( C) No. 362 of 2006 4