IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 30836 of 2009() ------------------------------------ PETITIONER(S): ------------------------ R.RAJAN,KONDODIKULATHIL VEEDU MACHEL P.O.,VALIYARATHALA, THIRUVANANTHAPURAM. BY ADVS. MR.MURALI PURUSHOTHAMAN MR.DEEPU LAL MOHAN RESPONDENT(S): ------------------------- KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR VELLANIKKARA, THRISSUR 680 565. BY MR.K.P.MUJEEB SC, AGL. UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.30836 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November, 2009. JUDGMENT The petitioner's father was a permanent labourer in the Instructional Farm, Vellayani. He entered service as a casual labourer in the year 1971 and later his service was regularised. According to the petitioner, his father was issued with Ext.P1 by the Univrsity stating that he is due to retire on 30.6.1992 as he attained the age of superannuation on that date. In fact, even prior to the said date, the petitioner's father could not attend duty regularly as he was suffering rheumatic arthritis and therefore the period from 21.3.1990 to 30.6.1992 was ordered to be treated as leave without salary as per Ext.P2. The petitioner's father expired on 2.3.1993 and even before that, pension was sanctioned to him. The University by Ext.P6 proceedings, sanctioned arrears of family pension, commuted value of pension and DCRG. 2. The petitioner has been seeking employment under the dying in harness scheme. The representation submitted by the petitioner before the Chief Minister's Redressal Cell was made over to the University for remarks. The stand taken by the University is that the petitioner's father wpc 30836/2009 2 retired from service on 30.6.1992 on attaining the age of 55 years as the date of birth of the petitioner's father is 1.7.1937. Ext.P7 is the communication whereby it was informed that the petitioner is not entitled to employment under the dying in harness scheme. The petitioner had been submitting various representations, viz. Exts.P9 to P12 before various authorities seeking for grant of employment assistance. The stand taken by the petitioner in his representations is that going by the correct age of the petitioner's father, the retirement was effected four years prior to the actual date of retirement. Regarding this aspect, reliance is placed on Ext.P13 medical certificate. The same is dated 30.10.1989. Ext.P13 was obtained by the petitioner under the Right to Information Act from the University itself and the said certificate was produced by the late father of the petitioner as proof of his date of birth. 2. The contention now raised by the petitioner is that but for the death of his father on 2.3.1993, his father could have continued in service till 1996. If that be so, the death of the petitioner's father would have occurred while in service making the petitioner eligible to get an employment under the dying in harness scheme. 3 Seeking for a reconsideration of the matter, the petitioner submitted Ext.P15 representation before the Registrar and going by wpc 30836/2009 3 Ext.P16 acknowledgment, it was received on 1.10.2009. It is prayed that a direction may be issued to the University to take a decision on Ext.P15. 4. Heard learned Standing Counsel for the respondent. 5. Since the petitioner has raised a claim in Ext.P15 based on additional materials, there will be a direction to the respondents to take a decision on Ext.P15 on its merits and communicate the decision to the petitioner within a period of two months from the date of receipt of a copy of this judgment. While taking a decision, Exts.P13 and P14 will also be adverted to. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/