IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37534 of 2009(J) -------------------------- PETITIONER(S): --------------- MADHUSOODANAN K.P., S/O. LATE KANMANI, AGED 40 YEARS, PATTERINIKARTHIL HOUSE, THALAYAZHAM P.O., VAIKOM. BY ADV. SRI.JAMES MATHEW KADAVAN RESPONDENT(S): --------------- 1. THE STATE F KERALA, REPRESNTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. TH DISTRICT MEDICAL OFFICER, DISTRICT HOSPITAL, KOTTAYAM. 4. MEDICAL OFFICER, P.H. CENTRE, THALAYOLAPARAMBU BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.37534 OF 2009 (J) -------------------------------------------------- Dated this the 23rd day of December, 2009 J U D G M E N T Petitioner's mother was a part time sweeper in the office of the 4th respondent. She expired on 30.12.2005. Being the dependent son, petitioner submitted Ext.P3 application for appointment on compassionate ground. That has been rejected on the ground that the petitioner is a married son of the deceased. It is challenging the rejection of his application that this writ petition is filed. 2. A reading of Ext.P8 issued by the 2nd respondent indicates that the ground on which, the claim for appointment of the petitioner on compassionate ground was rejected, is that the petitioner is a married son. This court has consistently held that marriage by itself will not attach ineligibility on the candidate, if he is otherwise eligible for appointment on compassionate ground. In this case since the marriage is the only reason stated in Ext.P8 for rejecting his application, that cannot be accepted. 3. Therefore, the writ petition is disposed of directing the respondents to consider the application made by the petitioner, WPC.No. 37534/09 :2 : ignoring the fact that the petitioner is a married son of the deceased and orders in this regard shall be passed as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/