IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 14115 of 2009(S) -------------------------- OA.786/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- JIMMY SAM JOSE KUZHIKKATHOTTIYIL, MOOLAMATTOM P.O.,MOOLAMATTOM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- 1. UNION OF INDIA, CHIEF POSTMASTER GENERAL KERALA CIRCLE, THIRUVANANTHAPURAM. 2. SENIOR SUPERINTENDENT OF POST OFFICES RMS 'EK'DIVISION,ERNAKULAM. 3. CIRCLE RELAXATION COMMITTEE KERALA POSTAL CIRCLE, THIRUVANANTHAPURAM. ADV. SRI.SUNNY VARGHESE, ACGSC FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP.(C).14115/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 26.6.2008 IN O.A.NO.786/2007 OF THE CAT, ERNAKULAM BENCH. EXT.P2: COPY OF THE O.A.NO.786 OF 2007 FILED BEFORE THE CAT, ERNAKULAM BENCH. EXT.P3: COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS BEFORE THE CAT, ERNAKULAM BENCH. EXT.P4: COPY OF THE O.M.NO.14014/19/2002-ESTT(D) DATED 5.5.2003 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING. EXT.P5: COPY OF THE REVIEW APPLICATIONNO.39/2008 FILED BEFORE THE CAT, ERNAKULAM BENCH. EXT.P6: COPY OF THE ORDER DATED 3.10.2008 IN R.A.NO.39/2008 OF THE CAT, ERNAKULAM BENCH. //TRUE COPY/ P.A. TO JUDGE THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------- W.P.(C).NO.14115 OF 2009 (S) ----------------------------------- Dated this the 16th day of August, 2010 J U D G M E N T THOTTATHIL B. RADHAKRISHNAN, J. Petitioner is the younger among the two children of one K.S.Joseph, who suffered from cancer and died while serving the postal department as Sorting Assistant. When he died, the family was paid DCRG. At that time, even going by the impugned order, an amount of Rs.2 lakhs was due to the Federal Bank towards a loan and an amount of Rs.42,700/- was due to the P & T Employees Co-operative Society. For the treatment of late Joseph, the family had spent around Rs.2 lakhs. Rs.1.27 lakhs was recovered by the P & T Society from the DCRG. With this, the family had 6.7 cents of land with a building, which is covered by a housing loan. These are the circumstances which were projected by the establishment to treat him as a case which W.P.(C).14115/09 2 does not come within the bench mark of financial circumstances requiring the support of the establishment by way of compassionate appointment. We looked into these facts because we note that the impugned decision of the Tribunal proceeds to uphold the stand of the establishment that they have considered cases which require more lenient view. But, neither the counter affidavit of the establishment before the Tribunal nor the Tribunal's order reflects any particular case which could have been treated as one that deserves more sympathy than that of the applicant. Thereafter, the case of the petitioner ought not to have been rejected on the ground that the family does not come within the required bench mark regarding financial assistance. Such finding is quite unsustainable. Taking the over all facts and circumstances, we are of the view that the applicant ought have been considered in the immediately succeeding years. The impugned decisions of the Tribunal and of the establishment are accordingly quashed, and the establishment is directed to reconsider the case of the applicant (writ petitioner) in the light of what is stated above. Let a decision be taken as aforesaid W.P.(C).14115/09 3 within an outer limit of three months. If there is any material which would tend to disentitle the petitioner to compassionate appointment, he would be notified of such material and given an opportunity of hearing in relation to his request of compassionate appointment. Writ petition is ordered accordingly. No costs. THOTTATHIL B. RADHAKRISHNAN JUDGE S.S.SATHEESACHANDRAN JUDGE prp W.P.(C).14115/09 4