This writ appeal challenged the dismissal of a petition seeking employment under a dying-in-harness scheme for the legal heirs of a deceased permanent labourer. The High Court upheld the Single Judge's finding that the claim was stale and unsustainable, as legal heirs cannot challenge a termination order years after the employee's death.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR &
THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931
WA.No. 1444 of 2009()
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.7531/2009 Dated 26/03/2009
APPELLANTS/ PETITIONERS
-------------------------
1. K.CHANDRAVATHY, NADUVATTATHIL HOUSE, THALORE PO, THIRUSSUR-680 306.
2. ANILKUMAR K,. NADUVATTATHIL HOUSE, THALORE PO, THRISSUR - 680 306.
3. ANJALI SETHUMADHAVAN, NADUVATTATHIL HOUSE, THALORE PO, THRISSUR 680 306, MINOR, REP.BY HER MOTHER AND NATURAL GUARDIAN, K.CHANDRAVATHY, NADUVATTATHIL HOUSE, THALORE PO,THRISSUR - 680 306.
BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA SRI.K.A.BALAN
RESPONDENTS/ RESPONDENTS
--------------------------
1. KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, THRISSUR - 680 656 REP.BY ITS REGISTRAR.
2. THE PROFESSOR AND HEAD, UNIVERSITY LIVESTOCK FARM AND FODDER RESEARCH DEVELOPMENT SCHEME, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR, PIN 680 651.
SRI.RENJITH THAMPAN, SC, KAU.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
W.A. No.1444 OF 2009
Dated this the 14th day of July, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The petitioners are the legal heirs of Late. N.Sethumadhavan. He was a permanent labourer attached to Live Stock Farm of the Kerala Agricultural University at Mannuthy. By Ext.P10 order Mr.M.Sethumadhavan was terminated from service on 15.1.1993. After five years, he passed away on 29.11.1998. By Ext.P5 representation dated 14.5.2008, the 2nd appellant moved the University claiming appointment under the dying-in-harness scheme. According to the appellants, Mr.M.Sethumadhavan was terminated from service by an incompetent officer. Therefore, the order is void and it never had any effect. If that be so, he died while in service. Therefore, one of his dependent legal heirs is liable to be given employment. Since Ext.P5 representation was rejected by Ext.P8, the Writ Petition was filed seeking appropriate reliefs.
W.A.No.1444/2009
2
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps
2 issues framed by the court
Whether legal heirs of a terminated employee can challenge the termination order ten years after the employee's death.
Whether the principle of waiting to challenge a void order applies to termination from service.
K. Chandravathy
Anilkumar K
Anjali Sethumadhavan
Kerala Agricultural University
K. Balakrishnan Nair
C.T. Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
