IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 31863 of 2008(R) --------------------------------------- PETITIONER: ------------------- ASHKARALI.K, S/O.AMINU, KALLINGAL HOUSE, B.P.ANGADI POST, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR, ADV. SRI.K.P.SUDHEER. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, THALAKKAD, B.P.ANGADI POST, TIRUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------- W.P.(C.) No.31863 of 2008 --------------------------------- Dated, this the 11th day of November, 2008 J U D G M E N T Heard Sri.P.K.Suresh Kumar, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner’s mother was working as a Part-time Sweeper in the office of the 3rd respondent. While in service, she died on 22/02/2006, leaving behind three daughters and three sons including the petitioner. The petitioner’s mother had put in more than 25 years of service. The petitioner moved the respondents seeking employment under the Dying-in-harness Scheme. That application was accompanied by the consent letters of the other legal heirs and other relevant documents, and was also submitted within the time limit stipulated in G.O.(P) No.12/99 P&ARD dated 24/05/1999. When the application was kept pending, the petitioner filed WP(C) No.19521/2008 in this Court. By WP(C) No.31863/2008 -2- Ext.P5 judgment delivered on 30/06/2008, this Court directed the respondents to consider the application submitted by the petitioner for appointment under the Dying-in-harness Scheme and pass orders thereon. As directed by this Court, the Government considered the petitioner’s application for employment and rejected it on the short ground that married sons / daughters are excluded from the purview of the Compassionate Employment Scheme. The decision taken by the Government was communicated to the petitioner by Ext.P6 letter dated 18/07/2008. Ext.P6 is under challenge in this writ petition. 3. The learned counsel appearing for the petitioner submits, relying on two Division Bench judgments of this Court in Rev.Mother, Delphine Mary Vs. State of Kerala, (2002(1) KLT 137), and St.Ignatius High School Vs. State of Kerala, (2005(3) KLT 1000), that married daughters/sons cannot be denied employment under the WP(C) No.31863/2008 -3- Compassionate Employment Scheme, if they were dependent on the deceased employee. The learned counsel further submits that in the instant case, the petitioner’s application has been rejected on the short ground that he is a married son and is therefore ineligible to be given employment under the Compassionate Employment Scheme. The learned counsel for the petitioner, also brought to my notice, letter No.61701/J3/2000/G.Edn. Dated 06/01/2001, sent by the Secretary to Government, General Education Department to the Director of Public Instruction, clarifying that married son/daughter is also eligible to be considered for appointment under the Compassionate Employment Scheme, if they are otherwise eligible. 4. In the instant case, the application submitted by the petitioner for compassionate appointment under the Dying-in-harness Scheme has been rejected on the short ground that, as a married son of the deceased employee, he WP(C) No.31863/2008 -4- cannot seek employment assistance under the Compassionate Employment Scheme. This Court has in Rev.Mother, Delphine Mary Vs. State of Kerala (Supra) and St.Ignatius High School Vs. State of Kerala (supra) held that irrespective of marriage, the son or daughter of the deceased employee may have been dependent on the deceased employee, and that, while marriage may change the status of the son/daughter, his or her status as a dependent son or dependent daughter may continue. It was held that the mere fact that the son/daughter got married by itself will not indicate that he/she is not eligible for appointment under the Compassionate Employment Scheme. In the light of the authoritative pronouncements of this Court in the aforesaid decisions, the decision taken by the Government and communicated to the petitioner in Ext.P6 cannot be sustained. In the result, Ext.P6 is quashed and the respondents are directed to re-consider the application submitted by the petitioner, after examining WP(C) No.31863/2008 -5- whether he was dependent on his mother at the time of her death. Final orders in the matter shall be passed in the light of the principles laid down by this Court in the aforesaid decisions, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (P.N.RAVINDRAN, JUDGE) jg