Dan Philip Mathew vs State Of Kerala
2021 Latest Caselaw 22092 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                       WP(C) NO. 16516 OF 2021
PETITIONER:

          DAN PHILIP MATHEW
          AGED 26 YEARS
          S/O. LATE K.P. MATHEW,
          KOCHKIZHAKETHIL HOUSE,
          PRAMADAM, MALLASSERY P. O.,
          PATHNAMTHITTA - 689 646.

          BY ADV SRI. JOSHI N.THOMAS

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
          HIGHER EDUCATION (D) DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DIRECTOR OF COLLEGIATE EDUCATION
          VIKAS BHAVAN,
          THIRUVANANTHAPURAM - 695 033.
    3     THE DEPUTY DIRECTOR COLLEGIATE EDUCATION
          VAYASAKARAKUNNU,
          PALACE ROAD, KOTTAYAM - 686 001.
    4     DISTRICT COLLECTOR
          DISTRICT COLLECTORATE,
          PATHANAMTHITTA - 689 642.
    5     THE CORPOATE MANAGEMENT OF MOC COLLEGE
          DEVALOKAM,
          KOTTAYAM - 683 038
          REPRESENTED BY ITS MANAGER.
    6     THE PRINCIPAL, CATHOLICATE COLLEGE,
          PATHANAMTHITTA - 689 645.
          BY ADVS.
          R5 & R6 - SRI. ROSHEN. D. ALEXANDER
          TINA ALEX THOMAS
          HARIMOHAN
          SRI. JIMMY GEORGE - GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.16516 OF 2021

                                        2




                                JUDGMENT

The petitioner's father late K.P Mathew while serving as

L.D Clerk in the 6th respondent College under the 5th

respondent Management died in harness on 28.07.2008. The

petitioner on attaining the age of maturity submitted

application for appointment in the 6th respondent College

under the Compassionate Employment Scheme. In the

meantime, the petitioner was provided a temporary

employment in the 6th respondent College, but was later

relieved.

2. The petitioner submits that the Government have

accorded sanction for implementation of Compassionate

Employment Scheme to the dependents of deceased

employees of Private Aided Colleges and therefore the

petitioner is entitled to appointment in the 6 th respondent

College under the scheme. The petitioner points out that Ext.

P10 application dated 20.08.2020 in the prescribed form was WP(C).No.16516 OF 2021

submitted by him with all necessary documents to the 6 th

respondent College. However, the application is not processed

with dispatch. The petitioner and his mother has approached

various authorities for employment under the scheme but no

orders are forthcoming. The petitioner submits that in similar

cases this Court has directed the authorities to issue

appointment orders within one month. The petitioner has

therefore approached this Court for direction to the 5 th

respondent management to take appropriate decision on the

application for compassionate appointment of the petitioner.

He has also sought for a declaration that he is eligible to be

appointed as a Last Grade Staff in the 6th respondent College.

3. Heard the learned counsel for the petitioner, the

learned Government Pleader and the learned counsel for

respondents 5 and 6.

4. The learned counsel for respondents 5 and 6

submits that the application of the petitioner along with

requisite documents have already been forwarded by the

College to the Deputy Director of Collegiate Education in

terms of G.O (P) No.10/2020/H.Edn. dated 17.02.2020 which WP(C).No.16516 OF 2021

deals with Compassionate Employment Scheme for

dependents of employees of Private Aided Colleges who have

died in harness.

5. The learned counsel for respondents 5 and 6 took

me through Clauses 25 and 27 of the said Government Order

which provides that, on receipt of the application of

dependents of employees who died in harness, in the

prescribed form, the Director of Collegiate Education shall

scrutinize the application and after rectifying the defects, if

any, should forward the application to the concerned District

Collector where the applicant resides. After getting the report

of the District Collector, the Director of Collegiate Education

shall forward the application and its enclosures, including the

checklists to Government with specific recommendation.

On receipt of the application from the Director of Collegiate

Education, Government will scrutinize the matter and shall

issue formal orders giving consent for appointment, if the

person is found eligible for appointment. The order also

provides for issuance of appointment order by the

management on receipt of consent from the Government. WP(C).No.16516 OF 2021

6. The learned Government Pleader submits that the

Government will pass appropriate orders on the application of

the petitioner for compassionate appointment within a period

of one month from the date of receipt of a copy of the

judgment.

Accordingly, there will be a direction to the 1 st

respondent to pass appropriate orders on Ext.P10 application

of the petitioner for compassionate appointment in the 6 th

respondent College, in accordance with the provisions of the

Government Order referred to above, within a period of one

month from the date of receipt of a copy of the judgment.

Once the Government pass an order as above, the

respondents 5 and 6 shall take further steps based on such

order and in accordance with G.O (P) No.10/2020/H.Edn.

dated 17.02.2020.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.16516 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 COPY OF REPRESENTATION DATED 20/11/2012 OF THE MOTHER OF THE PETITIONER SUBMITTED TO THE 6TH RESPONDENT.

EXHIBIT P2 COPY OF REPRESENTATION DATED 12/08/2014 OF THE PETITIONER SUBMITTED TO THE 6TH RESPONDENT.

EXHIBIT P3 COPY OF REPRESENTATION DATED 12/08/2014 OF THE PETITIONER SUBMITTED TO THE 5TH RESPONDENT.

EXHIBIT P4 COPY OF REPRESENTATION DATED 28/09/2015 OF THE PETITIONER SUBMITTED TO THE 5TH RESPONDENT.

EXHIBIT P5 COPY OF REPRESENTATION DATED 03/10/2019 OF THE PETITIONER SUBMITTED TO THE 5TH RESPONDENT.

EXHIBIT P6 COPY OF REPRESENTATION DATED 28/09/2020 OF THE MOTHER OF THE PETITIONER SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P7 COPY OF REPRESENTATION DTD. 28/09/2020 OF THE MOTHER OF THE PETITIONER SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P8 COPY OF REPRESENTATION DTD. 28/09/2020 OF THE MOTHER OF THE PETITIONER SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P9 COPY OF LETTER NO.F-5/29419/2020 DCE DTD. 02/12/2020 OF THE 2ND RESPONDENT ADDRESSED TO THE 5TH RESPONDENT.

EXHIBIT P10 COPY OF LETTER NO.CC/NTS/D.H./195/550/2020 DTD. 22/12/2020 OF THE 6TH RESPONDENT SUBMITTED TO THE 5TH RESPONDENT.

EXHIBIT P11 COPY OF LETTER NO.D3/24/2021/H.ED.

DEPT DTD. 12/02/2021 OF THE 1ST RESPONDENT.

WP(C).No.16516 OF 2021

EXHIBIT P12 COPY OF LETTER NO.F5/16531/2021/DCE DTD. 24/06/2021 OF THE 2ND RESPONDENT. EXHIBIT P13 COPY OF JUDGMENT DTD. 04/03/2012 IN WP(C) 2520/2020(4) OF THIS HON'BLE COURT.

RESPONDENTS'S EXHIBITS:- NIL.