IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 19425 of 2004(K) -------------------------- PETITIONER(S): --------------- AMBILIY.Y. D/O.LATE EX.GS-1429251, COOK KANNAPPAN, R/A. MUTTEKISHAKKATHIL HOUSE, MANAGALAM P.O. ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF ROADS AND HIGHWAYS, BRDB, B WING 4TH FLOOR, KASHMIR HOUSE, DHQ, P.O. NEW DELHI 110 011. 2. THE DIRECTOR GENERAL BOARDER ROADS, SEEMA SADAK BHAWAN, RING ROAD, DELHI CANTT., NEW DELHI 110 011. 3. THE COMMANDANT, GREF CENTRE, DIGHT CAMP, PUNE 15. 4. THE CHIEF ENGINEER, H1 CE (P) UDAYAK(GREFF) C/O.99 APO. 5. THE OFFICER COMMANDING, 534, STORES SUPPLY AND TRANSPORT COY(GREF), C/O.99.A.P.O. ADV. SMT.MOLLY JACOB, CGC FOR R1TO5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHBITS: W.P.C.NO. 19425/2004. ------------------------------------------------------------------- EXT.P1 COPY OF LETTER DT. 5-1-1998. EXT.P2 LETTER DT. 12-2-1998. EXT.P2A LETTER DT. 5-7-1999. EXT.P3 LETTER DT. 20-6-2000. EXT.P4 LETTER DT. 9-2-2001. EXT.P5 LETTER DT. 6-2-2002 EXT.P6 LETTER DT. 24-6-2003. EXT.P7 LETTER DT. 7TH JULY, 2002. EXT.P8 REPRESENTATION DT. 15-7-2003. RESPONDENTS' EXHIBITS: ------------------------------------ EXT.R3(a) COPY OF LETTER DT. 5-7-1999. EXT.R3(b) LETTER DT. 9-2-2001. EXT.R3(c) LETTER DT. 6-2-2002. EXT.R3(d) OFFICE MEMORANDUM DT. 3-12-1999. EXT.R3(e) DO. DT. 9-10-1998. EXT.R3(f) LETTER DT. 24-6-2003. EXT.R3(g) OFFICE MEMORANDUOM DT. 28-11-1994. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 19425 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd October, 2008. J U D G M E N T The petitioner is the daughter of an employee of the GREF Centre, which is a unit of the Indian Army. Petitioner's father died on 28-12-1997 while in service. Under the scheme for compassionate employment for dependents of persons who died in harness, the petitioner submitted an application for compassionate employment on 4-6-1999. At that time, there was no provision for appointment of females in GREF. Later on, the policy changed and the petitioner was asked to file a fresh application for compassionate employment. The petitioner complied with the same. However, ultimately, by Ext. P6 order, the petitioner was informed that the application cannot be entertained since the same was not filed within one year from the date of death of her father, and the petitioner was only 16 years and 9 months old at the relevant time. The petitioner is challenging Ext. P6 and seeking a direction to the 2nd respondent to consider the petitioner's application for compassionate employment on merits. 2. A counter affidavit has been filed disputing the contentions of the petitioner and supporting Ext. P6 order. 3. I have considered the rival contentions in detail. 4. Learned counsel for the petitioner points out that a learned Judge of this Court in W.P(C) No. 15341/2004 had, in almost identical circumstances, directed consideration of an application for compassionate employment on merits in the light of the revised policy. In view of that judgment, I am of opinion that the petitioner is also entitled to the similar relief in this writ petition. Accordingly, there would be a direction to the 2nd respondent to consider the claim of the petitioner for compassionate employment to a suitable post and dispose of the application filed by the petitioner on merits, as expeditiously as possible, at any rate, within four months W.P.C. No. 19425/2004. -: 2 :- from the date of receipt of a copy of this judgment. The writ petition is allowed as above. A certified copy of this judgment shall be produced by the petitioner before the 2nd respondent for compliance. Sd/- S. Siri Jagan, Judge. Tds/