IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 35778 of 2008(H) --------------------------------------- PETITIONERS: --------------------- 1. SMT.BABY SAROJAM, W/O.LATE I DEVASIKHAMONY, PANCHIKALA VEEDU, PARANIYAM, POOVAR P.O.,THIRUVANANTHAPURAM- 695 525. 2. D.B.AJITH KUMAR, S/O.LATE I DEVASIKHAMONY PANCHIKALA VEEDU, PARANIYAM, POOVAR P.O.,THIRUVANANTHAPURAM- 695 525. BY ADV. SRI.P.RAMAKRISHNAN, ADV. SRI.C.ANIL KUMAR. RESPONDENT: --------------------- HINDUSTAN NEWSPRINT LIMITED NEWSPRINT NAGAR, KOTTAYAM DISTRICT -686 616, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.E.K.NANDAKUMAR.S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.35778 of 2008 ------------------------------- Dated this the 18th December, 2008. J U D G M E N T Heard Sri.P.Ramakrishnan, the learned counsel appearing for the petitioner and Sri.E.K.Nandakumar, the learned Standing Counsel appearing for the respondent. 2. The first petitioner is the wife of late Sri.Devasikhamony, who was formerly employed in the Hindustan Newsprint Limited as Senior Technician. The second petitioner is her son. The first petitioner's husband passed away on 22.11.1997 while in service. Though originally Hindustan Paper Corporation Service Rules provided for employment assistance to children/near relatives of employees who die-in- harness, the said provision was withdrawn with effect from 9.12.1998. Instead the Hindustan Newsprint Limited introduced a scheme for payment of ex-gratia to relatives of employees who die-in-harness. The first petitioner was accordingly granted ex- W.P.(C) No.35778/2008 2 gratia payment of Rs.1,50,000/= based on her application dated 12.10.1999. The petitioners now claim employment assistance by providing employment to the second petitioner. 3. Sri.E.K.Nandakumar, the learned Standing Counsel appearing for the respondent submits that in Hindustan Newsprint Limited, there exists no provision for giving employment assistance to children/dependants of deceased employees and that the family of the deceased employee is entitled only to ex-gratia payment. He further submits that as the first petitioner has already applied for and received the ex- gratia payment, the petitioners cannot seek employment assistance under the dying-in-harness scheme. In the light of the fact that the petitioners have received the ex-gratia payment and as no provision exists to give employment assistance to dependants of deceased employee who die-in-harness, the relief prayed for by the W.P.(C) No.35778/2008 3 petitioners cannot be granted. The Writ Petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.