IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 22813 of 2011(B) ------------------------------------- PETITIONERS : - ----------------------- 1. SUMATHI, KARIMBIL VEEDU, AGED 40 YEARS, W/O.P.BALAKRISHNAN (HOME GUARD), PALERI HOUSE, OYOLAM, PUTHOOR, KOZHUMMAL.P.O., KARIVELLUR (VIA), KANNUR DISTRICT. 2. VIPIN.K.V., S/O.P.BALAKRISHNAN (HOME GUARD), PALERI HOUSE, OYOLAM, PUTHOOR, KOZHUMMAL.P.O., KARIVELLUR (VIA), KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS : - ------------------------- 1. STATE OF KERALA, RERESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM, PIN-695 001. 2. SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. PIN-695 001. 3. DISTRICT COLLECTOR, KASARAGOD, PIN-671 001. 4. DEPUTY SUPERINTENDENT OF POLICE, KASARAGOD, PIN-671 001. R1 TO R1 BY SR. GOVT. PLEADER SRI. E.M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22813 of 2011(B) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF THE IDENTIFY CARD ISSUED BY ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES BEARING NO. C-3282/09. EXT P2 : COPY OF THE FIR DATED 02.11.2010 ISSUED BY THE KASARAGOD POLICE STATION. EXT P3 : COPY OF THE POST MORTEM REPORT DATED 02.11.2010 ISSUED BY THE CIVIL SURGEON, KASARAGOD. EXT P4 : COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DAILY DATED 03.11.2010. EXT P5 : COPY OF THE FINAL REPORT. EXT P6 : COPY OF THE PRESCRIPTION ISSUED FROM KOYILI HOSPITAL DATED 10.08.2010. EXT P7 : COPY OF THE REPRESENTATION DATED 09.11.2010 SUBMITTED BY THE PETITIONER BEFORE HOME MINISTER. EXT P8 : COPY OF THE LETTER DATED 10.12.2010 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, THIRUVANANTHAPURAM. EXT P9 : COPY OF THE LETTER DATED 15.01.2011. EXT P10 : COPY OF THE GOVERNMENT ORDER BEARING NO. G.O (MS) 453/10/LR. EXT P11 : COPY OF THE ADDITIONAL REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 18.03.2011. EXT P12 : COPY OF THE GOVERNMENT ORDER BEARING NO. G.O (MS) 69/99 RD DATED 12.02.1999. EXT P13 : COPY OF THE GOVERNMENT ORDER NO. G.O (MS) 96/06 MWFD TVM DATED 06.05.2006. EXT P14 : COPY OF THE DECISION RECORDED IN THE WAY OF NEWS IN DESHABHIMANI DAILY VERNACULAR DATED 10.12.2011. EXT P15 : COPY OF THE JUDGMENT DATED 02.06.2011 IN W.P. (c) No. 10706/2011. EXT P16 : COPY OF ORDER DATED 20.07.2011 ISSUED BY 2nd RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.22813 of 2011 --------------------------------------------- Dated this the 15th day of November 2011 JUDGMENT The petitioners are the widow and son of late Balakrishnan who died while working as a Home Guard under the Fire and Rescue Station of the Deputy Superintendent of Police, Kasaragod. He died on 2.11.2010. The petitioners had submitted various representations seeking employment in Government service. They complain that their representations have not been considered properly. 2. The petitioners had earlier filed WP(c) No.10706 of 2011 seeking a direction for the consideration and disposal of their representations. Accordingly, as per Ext.P15, this Court had directed the consideration of their representations. However, the representations submitted by the petitioners were considered and were rejected as per Ext.P16 order. According to the Government, late Balakrishnan was working as a Home Guard. He had WPC No.22813 of 2011 2 been appointed on daily wages. Therefore, the service benefits that are available to regular Government employees are not available to such employees engaged on daily wages. This writ petition is filed challenging Ext.P16. 3. The counsel for the petitioners submits that the petitioners have submitted Ext.P11 representation seeking the indulgence of the Government and claiming appointment on compassionate grounds. Ext.P11 also refers to other instances where similarly placed persons have been appointed on compassionate grounds. Therefore, without reference to any scheme or rule, the petitioners have requested for their case to be considered for an appointment on compassionate grounds. 4. It is for the Government to decide whether the petitioners are entitled to any appointment on compassionate grounds. Therefore, it is only appropriate that Ext.P11 is considered by the first respondent, without delay. 5. This writ petition is accordingly disposed of directing the first respondent to consider the claim of the WPC No.22813 of 2011 3 petitioners for compassionate appointment set out in their representation evidenced herein by Ext.P11, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners also. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE