IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WA.No. 2337 of 2007() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3053/2006 Dated 17/08/2007 .................... APPELLANT(S): PETITIONERS ----------------------- 1. N.THANKAM, AGED 52 YEARS, W/O.LATE SATHYAVRUTHAN, WATCH MAN, FOOD CORPORATION OF INDIA, KOLLAM,KERALA RESIDING AT S.T.BHAVAN, OORUKONATHUVILA, KUDAVOOR, THIRUVANANTHAPURAM DIST. 2. SONIJI S.T., D/O.LATE N.SATHYAVRUTHAN, AGED 26 YEARS, RESIDING AT S.T.BHAVAN, OORUKONATHUVILA, KUDAVOOR, THIRUVANANTHAPURAM DIST. BY ADV. SRI.G.D.PANICKER SMT. JEENA JOSEPH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE EXECUTIVE DIRECTOR (SOUTH), OFFICE OF THE ZONAL MANAGER, FOOD CORPORATION OF INDIA, ZONAL OFFICE, NO.3 HADDOWS ROAD, CHENNAI-06. 2. DISTRICT MANAGER, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, KOLLAM. ADV. SRI.P.JACOB VARGHESE, SC, FCI (SR) SRI.VIVEK VARGHESE P.J. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & V.K.Mohanan, JJ. -------------------------------------- W.A. No. 2337 of 2007 --------------------------------------- Dated this the 7th day of October, 2008 Judgment Koshy,J. Second appellant wanted compassionate employment as her father employed in the Food Corporation of India died while in service on 19.5.2000. Other members of the family had relinquished their claims. It is her case that her case was not considered despite direction from this court to consider the same. The Food Corporation of India has filed a counter statement wherein it is stated that at the time of the death, legal heirs of the employee was paid Rs.4,64,129/- and after effecting recovery balance paid was Rs.4,11,968/-. It is also stated that as per the statement of the second petitioner, they own four Ares of dry land at Melthonnakkal village, Thiruvananthapuram and another ten cents of land with a residential house. It is also stated that at the time of making the application in 2001, she had completed only SSLC and pre-degree course and degree was necessary for category III and IV posts. It is further stated that the persons appointed under compassionate grounds have higher qualification than the petitioner. It is also W.A.No.2337/2007 2 stated that no suitable vacancies arose during the eligible period. Details of appointments etc. are given in the counter statement. Appointments under compassionate grounds can be made only to 5% of the posts as public appointments should be opened normally to the public and it cannot be filled up by way of indulgence and exemptions should be followed strictly. After going through the counter affidavit and detailed considerations, the learned single Judge dismissed the appeal. As directed by this court, statements were filed showing the number of appointments made under compassionate grounds. After perusing the same, we are inclined to take a different view than that was taken by the learned single Judge. The writ appeal is dismissed. J.B.Koshy Judge V.K.Mohanan Judge vaa W.A.No.2337/2007 3 J.B. KOSHY AND V.K.Mohanan,JJ. ------------------------------------- W.A. No.2337/2007 ------------------------------------- Judgment Date:7th October,2008