IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18304 of 2011(K) ---------------------------------- PETITIONER(S): ------------------- K.JACOB EAPEN, NILACKAL KANJIRAPPILLIL, U.C.COLLEGE POST, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18304/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.A7-16639/88 (DDE(A)) DATED 03/11/1989 OF THE 2ND RESPONDENT. P2: COPY OF THE REPRESENTATION DATED 03/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE ORDER NO.A3/301/2011 DATED 05/02/2011 OF THE 2ND RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 20/06/2011 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18304/2011-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2011 J U D G M E N T The main prayer in the writ petition is for a direction to the Government to consider and pass orders on Ext.P4 whereby the petitioner seeks for grant of compassionate allowance. 2. He was working as a High School Assistant in the Government High School Ariyad. He was granted leave without allowance from 21/09/1976 which was further extended by five years from 21/09/1981 upto 20/09/1986. It appears that the petitioner even though sought for cancellation of the unexpired portion of the leave, the same was not granted at that point of time. Thereafter, proceedings were taken against him for unauthorised absence and finally, he was removed from service. Even though the penalty was set aside for technical reasons, later fresh proceedings were initiated and again by Ext.P1 order dated 03/11/1989, penalty of removal from service was imposed. It is averred in para.2 of the writ petition that even though revision was filed before the Government, the same did not evoke any positive response. W.P.(C). No.18304/2011 -:2:- 3. The petitioner is not getting any monthly pension or other benefits. The petitioner filed a representation before the Deputy Director of Education seeking for grant of compassionate allowance which was rejected by Ext.P3 communication stating that he is not eligible for the same. Challenging the same, the petitioner has approached the Government by filing Ext.P4 representation. 4. The learned counsel for the petitioner submitted that the condition of the petitioner is really pathetic and he therefore, is seeking for a sympathetic consideration also. 5. It is upto the Government to consider the matter. There will be a direction to the Government to consider and pass orders on Ext.P4, with notice to the petitioner, within four months from the date of receipt of a copy of this Judgment. The petitioner will forward a copy of the writ petition and a certified copy of the Judgment to the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms