Shiny Thomas vs Union Of India
2021 Latest Caselaw 15801 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                         WP(C) NO. 27912 OF 2020
PETITIONER:
              SHINY THOMAS
              AGED 50 YEARS
              W/O LATE THOMAS,P.O(EXGO-4159H,EX-ASSISTANT
              ENGINEER(CIVIL),PADAYATTY HOUSE,PUTHENVELIKKARA.P.O,
              ERNAKULAM,KERALA,PIN-683594.

              BY ADVS.
              BRIJESH MOHAN
              SRI.VARGHESE JOHN
              SRI.PRATAP ABRAHAM VARGHESE


RESPONDENTS
     1      UNION OF INDIA
            MINISTRY OF DEFENCE,SOUTH BLOCK,
            NEW DELHI,PIN-110011.

     2        THE SECRETARY,
              DEPARTMENT OF PERSONNEL AND TRAINING,
              MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND
              PENSIONS,NORTH BLOCK,
              NEW DELHI,PIN-110011.

     3        COMMANDING OFFICER,
              RECORD OFFICE(GREF),DIGHI CAMP,
              PUNE-411015.

     4        THE COMMANDANT,
              GREF CENTRE(RECRUITMENT WING),
              DIGHI CAMP,PUNE-411015.

              BY ADV SRI.N.S.DAYA SINDHU SHREE HARI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27912 OF 2020
                                      2

                               JUDGMENT

This writ petition is filed seeking the following prayers:-

"(A) A writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P-1.

(B) issue a writ of mandamus or any other appropriate writ or order, directing the respondents to provide Compassionate Ground Appointment to the petitioner.

(C) issue a writ of mandamus or any other appropriate writ or order, directing the respondents to reconsider application for compassionate appointment in the light of the Exhibit P-4 clarification issued by the Government of India"

2. Heard the learned counsel for the petitioner and

the learned ASGI appearing for the respondents.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is a widow of Late. Thomas P.O.,

who expired on 21.09.2019. She has submitted an

application for compassionate appointment, which has been

rejected by Ext.P1 order on the ground that she had crossed

the upper age limit for appointment to the post. It is stated in

Ext.P1 that the petitioner is aged 50 years and the upper age

limit for appointment to the MSW Trades is 28 years and WP(C) NO. 27912 OF 2020

other trades is 30 years. The learned counsel for the

petitioner submits that going by Exts.P3 and P4, which are

the relevant schemes for compassionate appointment, the

Upper age limit can be relaxed wherever found necessary.

However, the lower age limit should in no case be relaxed

below 18 years. It is submitted by the learned counsel for

the petitioner that the rejection of the petitioner's claim

without even considering the question of relaxation of the

upper age limit is per se illegal and against the provisions of

the scheme.

4. It is further submitted that in W.P.(C)

No.2928/2020, this Court had considered the issue and had

directing a reconsideration after relaxing the upper age limit.

5. Having heard the learned counsel on either side

and in view of the judgment in W.P.(C) No.2928/2020 dated

05.03.2020, which has been affirmed in Appeal, I am of the

opinion that the issue requires a reconsideration at the

hands of the respondents. The rejection of the petitioner's WP(C) NO. 27912 OF 2020

application for compassionate appointment on the ground

that she is over aged without considering the request for

relaxation of the upper age limit in view of the power

conferred by the scheme is, according to me, illegal and

unsustainable.

6. Ext.P1 is, therefore, set aside. There will be a

direction to the competent authority in the respondents to

consider the request of the petitioner for compassionate

appointment, after considering her claim for relaxation of

upper age limit as well. Orders shall be passed within a

period of two months from the date of receipt of a copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/02.08.2021 WP(C) NO. 27912 OF 2020

APPENDIX OF WP(C) 27912/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO.1456/2062(2020)/04159/TPO/OM/DD CELL DATED 28.04.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF COVERING LETTER DATED 1378/VOL-21/145/CAS DATED 12.02.2020 (WITHOUT ENCLOSURES)ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF GOVERNMENT OF INDIA OFFICE MEMORANDUM NO.14014/02/2012-ESTT (D)DATED 16.01.2013

EXHIBIT P4 TRUE COPY OF FAQ ISSUED ALONG WITH GOVERNMENT OF INDIA OFFICE MEMORANDUM NO.14014/02/2012-ESTT (D)DATED 30.05.2013.

EXHIBIT P5 TRUE COPY OF ORDER DATED 25/11/2020 IN UN-

NUNMBERED ORIGINAL APPLICATION (DY.NO.898/2020)ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH.