Prasad M vs State Of Kerala
2021 Latest Caselaw 2908 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       WP(C).No.27319 OF 2020(L)


PETITIONER:

               PRASAD M.
               AGED 19 YEARS
               S/O. LATE R.MAYAVAN, HOUSE NO.15/1727,
               RAMESWARAM COLONY, NAZARATH, COCHIN-2

               BY ADVS.
               SRI.K.S.MADHUSOODANAN
               SRI.M.M.VINOD KUMAR
               SRI.P.K.RAKESH KUMAR
               SRI.K.S.MIZVER
               SRI.M.J.KIRANKUMAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

      2        DIRECTOR,
               URBAN AFFAIRS, GOVERNMENT OF KERALA,
               THIRUVANANTHAPURAM-695 033

      3        SECRETARY,
               CORPORATION OF COCHIN, ERNAKULAM-682 011

               R3 BY ADV. SRI.K.P.JUSTINE (KARIPAT)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27319 OF 2020

                                         2




                                 JUDGMENT

Dated this the 27th day of January 2021

This writ petition is filed seeking the following prayers:

"(i) Call for records connecting Exts.P-1 to P-4 from the respondents concerned;

(ii) Issue Writ of Mandamus directing the 1 st respondent to sanction the appointment of the petitioner to any post in the contingent wing of Cochin Corporation under Clause 23(a) of the Compassionate Employment Scheme pertaining to petitioner's application for Employment Assistance referred to in Exts.P-3 and P-4.

(iii) Issue Writ of Mandamus directing 3 rd respondent to appoint the petitioner in any contingent wing under Cochin Corporation on getting sanction for so to be done from the 1st respondent"

2. Heard the learned counsel for the petitioner and the learned

Government Pleader as well as the learned Standing Counsel

appearing for the 3rd respondent.

3. It is submitted by the learned counsel for the petitioner that

seeking sanction for appointment of the petitioner in the contingent

service of the Corporation under the Compassionate Employment WP(C).No.27319 OF 2020

Scheme, the Corporation has submitted a request of the petitioner

before the Government and the same is pending consideration.

4. The learned Government Pleader submits, on instructions, that

the application had been received and returned to the Corporation for

curing defects. The rectified application with the recommendation of

the Director has been received on 15.12.2020 and the matter has been

sent for a report from the District Collector. On receipt of the report

of the District Collector, the issue will be considered in accordance

with law by the Government and an appropriate order shall be passed.

5. Having considered the contentions advanced on all sides, I am of

the opinion that it is for the 1st respondent to take an appropriate

decision on the request of the petitioner for compassionate

appointment which has been forwarded to the Government by the

Corporation. There will, accordingly, be a direction to the 1 st

respondent to take up the request for compassionate appointment of

the petitioner and to pass orders on the same within a period of two

months from the date of receipt of a copy of this judgment. In case the

sanction is accorded by the Government, appropriate follow up action WP(C).No.27319 OF 2020

for appointment shall be taken by the 3rd respondent without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.27319 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE SERVICE CERTIFICATE BEARING NO.WZH 8/686/18 DATED 4.5.2018, ISSUED BY ASSISTANT HEALTH OFFICER UNDER 3RD RESPONDENT

EXHIBIT P2 PHOTOCOPY OF THE HEIRSHIP CERTIFICATE BEARING NO.H2-11913/17/K.DIS DATED 16.1.2018

EXHIBIT P3 PHOTOCOPY OF THE RECEIPT BEARING REFERENCE NO.MOH4/34255 DATED 14.11.2019

EXHIBIT P4 PHOTOCOPY OF THE NOTICE BEARING NO.ISO/MOH4/034255/19 DATED 10.12.2019 ISSUED BY HEALTH OFFICER

RESPONDENT'S/S EXHIBITS: NIL