Jaya Rachana S vs Kerala State Road Transport ...
2021 Latest Caselaw 2956 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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

                       WP(C).No.411 OF 2021(B)


PETITIONER:

               JAYA RACHANA S.
               AGED 46 YEARS
               W/O. LATE SHRI SURESH KUMAR, SREEKRISHNA VILASOM,
               KADAMPANADU SOUTH, PATHANAMTHITTA DISTRICT 691 563

               BY ADV. SHRI.N.SASIDHARAN UNNITHAN

RESPONDENTS:

      1        KERALA STATE ROAD TRANSPORT CORPORATION
               REPRESENTED BY THE HAIRMAN AND MANAGING
               DIRECTOR,KSRTC, TRANSPORT BHAVAN, FORT
               THIRUVANANTHAPURAM 691 551

      2        ASSISTANT TRANSPORT OFFICER,
               KSRTC, ADOOR DEPOT, PATHANAMTHITTA DISTRICT 689 697

      3        STATE OF KERALA,
               REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY
               (PENSION)(STATE NODAL OFFICER, NPS)
               FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
               695 001

               R1-2 BY ADV. SRI.DEEPU THANKAN

OTHER PRESENT:

               SR.GP BIMAL K NATH

     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.411 OF 2021(B)
                                   2




                              JUDGMENT

Dated this the 27th day of January 2021

The husband of the petitioner, while working in the

KSRTC as a driver died on 01.10.2018. The petitioner

being the wife and dependent of the deceased applied for

appointment on compassionate ground. According to the

petitioner, though all necessary documents have been

filed, an appropriate decision has not been taken even

now. According to her, pursuant to Ext.P5, she is also

entitled to be appointed on compassionate grounds. The

petitioner has now filed Ext.P7 representation before the

first respondent, requesting for compassionate

appointment and in case of delay, she may be given

compassionate allowance. The limited prayer sought is

for disposal of Ext.P7.

2. Having considered the limited prayer sought by

the petitioner, I am inclined to direct the first respondent

to take up Ext.P7 application at the earliest and to pass

appropriate orders in accordance with law, within a WP(C).No.411 OF 2021(B)

period of six weeks from the date of receipt of a copy of

this judgment. A copy of the writ petition shall also be

placed before the first respondent for perusal.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

SKP/28-1 WP(C).No.411 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT MEMORANDUM NO PL 14/007950/13 DATED 25-05-2013 ISSUED TO THE HUSBAND OF THE PETITIONER FROM THE KSRTC

EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 9-

10-2018, IN RESPECT OF THE DECEASED HUSBAND OF THE PETITIONER, ISSUED FROM THE KADAMPANAD GRAMA PANCHAYAT

EXHIBIT P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 7/1/2019 ISSUED BY THE TAHSILDAR ADOOR TALUK

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM NO PL 15/7950/19 DATED 21-05-2019 ISSUED FROM THE KSRTC

EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO. 126/2016/FIN DATED 31-08-2016

EXHIBIT P6 TRUE COPY OF THE GOVERNMENT LETTER NO. NPS A3/56/2018/FIN DATED 20-03-2019 SENT TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 28-

12-2020 OF THE PETITIONER SENT TO THE 1ST RESPONDENT.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE