The High Court of Kerala dismissed a writ petition seeking compassionate appointment for the petitioner, who was the married sister of a deceased school peon. The court held that the scheme did not grant appointment benefits to married sisters. The petition was dismissed.
No costs awarded to the respondent.
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.VINOD CHANDRAN
FRIDAY, THE 1ST DAY OF APRIL 2016/12TH CHAITHRA, 1938
W.P.(C).No.14672 of 2006 (V)
PETITIONER(S):-
SANTHI.M.P., D/O.PAZHANIAPPAN, MANGATT HOUSE, CHITTATTUKARA, N.PARUR.
BY ADV. SRI.P.N.SANTHOSH.
RESPONDENT(S):-
R1 BY GOVERNMENT PLEADER SMT.SUNITHA VINOD. R2 BY ADV. SRI.V.A.MUHAMMED.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C) NO.14672 OF 2006
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 TRUE COPY OF THE APPLICATION DT.7.9.2005. EXT.P2 TRUE COPY OF THE COMPLAINT DT.27.12.2005 FROM THE PETITIONER TO THE MANAGER. EXT.P3 TRUE COPY OF THE CIRCULAR DT.NIL.NO.18/2005. EXT.P4 TRUE COPY OF THE JUDGMENT DT.12.1.2005 IN W.P.(C) NO.1035/2006-W. EXT.P5 TRUE COPY OF THE REPRESENTATION DT.14.1.2006 FROM THE PETITIONER TO THE DISTRICT EDUCATIONAL OFFICER, ALUVA. EXT.P6 TRUE COPY OF THE APPLICATION IN THE PRESCRIBED FORM, DT.3.3.2006. EXT.P7 TRUE COPY OF THE ORDER DT.20.3.2006 FROM THE DISTRICT EDUCATIONAL OFFICER, ALWAYE.
RESPONDENT'S EXHIBITS:-
EXT.R2(a) TRUE COPY OF THE G.O.(P) NO.24/99/P&ARD OF THE GOVERNMENT, DATED 18.11.1999. EXT.R2(b) TRUE COPY OF THE APPOINTMENT ORDER OF SRI.E.S.ANIL KUMAR AND THE APPROVAL NO.B4-2982/2006/D.DIS. OF THE DIST. EDL. OFFICER, ALWAYE, 03.04.2006/17.06.2006.
vku/ [ true copy ]
K. Vinod Chandran, J
--------------------------------------W.P.(C) No.14672 of 2006-V
Dated this the 01st day of April, 2016
JUDGMENT
The petitioner claimed appointment on compassionate
grounds, on the death of her brother. Admittedly the brother of the petitioner, one M.P.Jayaraj, was working as Peon in the 2nd respondent school. He met with an accident and died on 27.08.2005. The petitioner's contention is that the mother of the petitioner, who was dependent on her brother, after the death of the brother is dependant on the petitioner. It is also the admitted case of the petitioner that she is married.
which the various Government Orders causing changes to the compassionate appointment scheme are specifically noticed.
dying-in-harness scheme was applicable insofar as the father/mother or unmarried brother/unmarried sister. There was no provision to give any appointment to married sister of a deceased employee. In such circumstance, the petitioner's contention
WP(C) No.14672 of 2006 - 2 -
cannot be upheld. It is also to be noticed that the management, in their counter affidavit, has specifically averred that one Anilkumar was appointed as Full-time Menial in the vacancy which arose after the death of the petitioner's brother. The said person is not impleaded. Be that as it may, the petitioner's claim is not permissible under the scheme.
The writ petition would stand dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
3 issues framed by the court
Whether a married sister of a deceased government employee can claim compassionate appointment.
Whether the successive compassionate appointment scheme applies to a married dependent.
Whether the petitioner is eligible for appointment under the dying-in-harness scheme.
SANTHI.M.P.
THE DISTRICT EDUCATIONAL OFFICER, ALUVA
THE MANAGER, S.N.V.S.H.S. SCHOOL, N.PARAVUR
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
