Omana.M. vs Malabar Devaswom Board ...
2021 Latest Caselaw 11138 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.5249 OF 2021(E)


PETITIONER:

               OMANA.M., AGED 43 YEARS,
               W/O. AMBIKASUDAN T. (LATE),
               NEAR SNEHALAYA, MOONNAMMAIL,
               PULLUR P.O, ANANDASRAMAM VIA,
               KASARAGOD DIST, PIN 671 523.

               BY ADVS.SRI.MURALI PALLATH
               SMT.RAVEENA V.V.

RESPONDENTS:

      1        MALABAR DEVASWOM BOARD REPRESENTED BY ITS
               SECRETARY, HOUSEFED COMPLEX, ERANHIPPALAM P.O,
               KOZHIKODE DIST 673 006.

      2        THE COMMISSIONER, MALABAR DEVASWOM BOARD,
               HOUSEFED COMPLEX, ERANHIPPALAM P.O,
               KOZHIKODE DIST 673 006

      3        THE ASST. COMMISSIONER, MALABAR DEVASWOM
               BOARD, KASARAGOD DIVISION, NILESHWAR,
               KASARGOD DIST PIN 671 314

      4        THE EXECUTIVE OFFICER, SHREE CHANDRAGIRI
               SASTHA AND THRIKKANNAD THRAYAMBAKESHWARA
               TEMPLE, BEKAL P.O, KASARAGOD DIST PIN 671 318

      5        THE TRUSTEE, SHREE CHANDRAGIRI SASTHRA AND
               THRIKKANNAD THRAYAMBAKESHWARA TEMPLE, BEKAL P.O,
               KASARGOD DIST, PIN 671 318

               R4 & R5 BY ADV. SMT.PRABHA R.MENON
               R1 TO R3 BY ADV. SRI.LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 5249/21                          2




                                JUDGMENT

Dated this the 7th day of April 2021

The petitioner seeks appointment to an appropriate post in

'Shree Chandragiri Sastha & Thrikkannad Thrayambakeshwara

Devaswom' in Kasaragod under the applicable compassionate

appointment scheme, asserting that her husband Sri.Ambikasudan

died while he was in service of the Malabar Devaswom Board as a

Security Guard. The petitioner says that even though she is

imminently eligible to be granted this benefit, it has been allegedly

denied to her without any cogent reason. She, therefore, prays that

respondents 4 and 5 be directed to appoint her to an appropriate post

at the earliest.

2. The learned counsel for respondents 4 and 5 did not contest

the eligibility of the petitioner for being appointed under the dying-in-

harness scheme, but submitted that her clients would require at least

three months more time to complete the process. She said that she is

asking for this time because the papers with respect to the

petitioner's claim was received by her clients only on 28.09.2020 and

that the Commissioner of the Malabar Devaswom Board has issued

instructions to them to effect appointment only in December 2020.

She submitted that on account of COVID-19 pandemic restrictions, it

will require her client at least the aforementioned time to complete

the entire process.

3. Since respondents 4 and 5 do not contest the claim of the

petitioner for appointment and since they require only three months

time, I deem it appropriate to accede to the said request.

In the afore circumstances, I allow this writ petition and

direct respondents 4 and 5 to issue suitable orders appointing the

petitioner to an appropriate post in their services under the dying-in-

harness scheme within a period of three months from the date of

receipt of a copy of this judgment.

Sd/-

Devan Ramachandran, Judge tkv

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE HAVING REGISTRATION NUMBER 8/2017 DATED 01.02.2017 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KODOM BELUR GRAMA PANCHAYATH.

EXHIBIT P2 TRUE COPY OF LEGAL HEIR SHIP CERTIFICATE NO.K.DIS.B2-18429/17 DATED 30.12.2017.

EXHIBIT P3 TRUE COPY OF LETTER DATED 27.03.2017 OF THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF LETTER NO.J7/933/2017/M.D.B.

DATED 04.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF LETTER DATED 17.12.2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF LETTER DATED 12.06.2020 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF LETTER NO.A1-1414/2017/MDB DATED 24.06.2020 ISSUED BY THE 3RD RESPONDENT.

/TRUE COPY/

P.S. TO JUDGE