IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 33127 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. DEEPA.P.M, D/O.LATE C.K.MOHANAN, NURSING ASSISTANT, GOVT. HOSPITAL, MAVELIKKARA. 2. A.JOSE, S/O.LATE JANE.A, HOSPITAL ATTENDANT GRADE-I, LEPROSY SANITORIUM, NOORANAD. 3. SWAPNA SOMAN, D/O.LATE M.K.SOMARAJAN, H.C.NO.702, SB CID, SPECIAL BRANCH, PATHANAMTHITTA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.A.HAROON RASHEED RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 3. THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33127 OF 2009 (I) -------------------------------------------------- Dated this the 18th day of November, 2009 J U D G M E N T Petitioners are dependents of deceased Government employees, claiming appointments on compassionate ground. Their claims have been rejected by Exts.P2, P4 and P6 orders of the first respondent, on the ground of marriage. As rightly pointed out by the counsel for the petitioners, in cases identical to this, this court has already taken a view that marriage by itself will not deprive the candidates of their right to get appointment on compassionate ground.(see St. Ignatius High School V. State of Kerala (2005(3)KLT 1000), Ashkarali V. State of Kerala (2009(1)KLT SN 17 case No.18). Counsel also places reliance on Exts.P7 and P8 Government Orders in this connection. It cannot be disputed that this court has already held that marriage by itself will not deprive the claimants of their right to employment on compassionate grounds. Therefore, Exts.P2, P4 and P6 are liable to be set aside and I do so. First respondent is directed to reconsider the claim of the petitioner duly averting to the dependency factor and pass fresh WPC.No.33127 /09 :2 : orders as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/