IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 36761 of 2007(B) -------------------------------------- PETITIONER: ------------------ J.R.REMA, W/O.LATE MANOJKUMAR, RESIDING AT TC 40/1442, NEAR SASTHA TEMPLE, MANCAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.T.MADHU SRI.B.K.RAJAGOPAL RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENSE, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION (SAINIK WELFARE DEPARTMENT), THIRUVANANTHAPURAM. 3. THE DIRECTOR, DIRECTORATE OF SAINIK WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.NANDAKUMAR FOR R2 ADV. SRI.C.S.MANILAL, ACG, SC FOR R1 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).36761/2007-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SERVICE PARTICULARS OF THE HUSBAND OF THE PETITIONER DATED 20/04/2001 ISSUED BY THE RECORDES OFFICER. EXT.P2: COPY OF THE MEDICAL CERTIFICATE OF CAUSE OF DEATH ALL RANKS ISSUED BY THE ARMED REGIMENT. EXT.P3: COPY OF THE CERTIFICATE ISSUED BY THE OFFICER IN CHARGE RECORDS DATED 08/09/2004. EXT.P4: COPY OF THE CERTIFICATE OF ATTRIBUTABILITY ISUED BY THE COMMANDANT AND AGREED BY THE SENIOR RECORDS OFFICER 31/10/2001. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER OF STATE FOR DEFENSE, GOVERNMENT OF INDIA, NEW DELHI DATED 01/10/2003. EXT.P6: COPY OF THE ORDER DATED 12/11/1996 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P7: COPY OF THE PROCEEDINGS DATED 18/11/2005 OF THE SENIOR RECORDS OFFICER, ARMY. EXT.P8: COPY OF THE PROCEEDINGS DATED 07/04/2005 OF THE 3RD RESPONDENT. EXT.P9: COPY OF THE PROCEEDINGS DATED 28/07/2006 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ P.N.RAVINDRAN, J. ====================================== W.P.(C)No.36761 of 2007 ====================================== Dated this the 6th day of August 2008 JUDGMENT The petitioner's husband late B.Manojkumar was employed in the Indian Army. While he was posted at Amritsar, on his way back from an inter unit hockey match, he was involved in a motor accident on 16.4.2001. He breathed his last on 24.4.2001. Exts.P3 and P4 certificates produced along with the writ petition show that his death was attributable to military service in a field area and that the accident occurred while he was coming back after participating in an inter unit hockey match as per the direction issued by the Commanding Officer. The petitioner had applied to the Central Government for compassionate appointment under the dying in harness scheme. The said application was rejected on the ground that it was not made within one year of the death of her husband and the decision was communicated to the petitioner by Ext.P7 letter dated 18.11.2005. The petitioner thereupon moved the State W.P.(C)36761/2007 2 Government for compassionate appointment as the dependent of a deceased defence personnel. The application was submitted before the Director of Sainik Welfare at Thiruvananthapuram, who by Ext.P8 letter dated 7.4.2005 recommended to the Principal Secretary to Government, General Administration (Sainik Welfare) Department that the petitioner is eligible for employment assistance under the State Government Scheme. Ext.P8 also discloses that the Director of Sainik Welfare had requested for condoning the delay in submission of the application. By Ext.P9 letter dated 28.7.2006, the State Government informed the petitioner that as her husband's death is not attributable to military service in a field area, she is not eligible for employment assistance. Ext.P9 states that the petitioner's husband passed away while he was coming back after participating in an inter unit hockey match and therefore it cannot be considered as death attributable to military service. 2. I have heard Sri.Madhu.T., the learned counsel appearing for the petitioner and Sri.Nandakumar, the learned Government Pleader appearing for respondents 2 and 3. 3. Exts.P3 and P4 establish beyond doubt that the W.P.(C)36761/2007 3 petitioner participated in the inter unit hockey match on the direction of his superior officer. It was while he was coming back after participating in the hockey match that he met with an accident on 16.4.2001. He later succumbed to his injuries on 24.4.2001. In my opinion, the stand taken by the Government, as reflected in Ext.P9, is a hyper technical view which is not in tune with the view taken by the authorities of the Indian Army in Exts.P3 and P4. Ext.P9 is therefore quashed and the second respondent is directed to re-consider the petitioner's application for compassionate appointment afresh taking note of Exts.P3 and P4. Revised orders disposing of the petitioner's application for compassionate appointment shall be passed within two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. P.N.RAVINDRAN, JUDGE css/