Farseena.P.K vs The State Of Kerala
2022 Latest Caselaw 2114 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 24TH DAY OF FEBRUARY 2022/5TH PHALGUNA, 1943
                      WP(C) NO. 6212 OF 2022


PETITIONER:

         FARSEENA P.K., AGED 25,
         D/O. ABDUL MAJEED (LATE),
         MADAPPALLY HOUSE, VETTOM,
         MALAPPURAM, TIRUR - 676 102.

         BY ADVS.
         NABIL KHADER
         CHITHRA C.EDADAN
         RAFNA RAZAK


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM - 695 001.

    2    TAHASILDAR,
         TIRUR MINI CIVIL STATION BUILDING,
         MALAPPURAM, TIRUR - 676 101.

    3    THE VILLAGE OFFICER,
         VETTOM VILLAGE OFFICE,
         ALLISSERY, TIRUR,
         MALAPPURAM - 676 102.

         SMT.PARVATHY KOTTOL, G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.6212/2022

                                    2




                             JUDGMENT

Dated this the 24th day of February, 2022

The petitioner, who is the daughter of late Abdul

Majeed who died while in service, working as a Pharmacist

in Purathoor Community Health Centre, is before this Court

seeking to direct the respondents to reconsider her

application for Dependency Certificate.

2. The petitioner states that her father late Abdul

Majeed was working as a Pharmacist in Purathoor

Community Health Centre. The petitioner was residing with

the father, though she was married. According to the

petitioner, though her husband is abroad, he does not have

regular work or job there. The petitioner is depending on her

father for survival.

3. The petitioner wanted appointment on

compassionate grounds due to the demise of her father. WP(C)No.6212/2022

The petitioner has to produce Dependency Certificate.

Earlier, the Village Officer issued Ext.P2 Dependency

Certificate on 12.08.2021. When the petitioner submitted an

application for issuance of a fresh Dependency Certificate

for the purpose of getting compassionate appointment, the

2nd respondent-Tahsildar rejected the said application as per

Ext.P4 dated 09.12.2021, observing that since the petitioner

is married and her husband is abroad, she cannot be

considered as dependent of the deceased Abdul Majeed.

Aggrieved by the said Ext.P4 order, the petitioner is before

this Court.

4. The learned Government Pleader controverted all

the material contentions made by the petitioner in the writ

petition. The Government Pleader stated that though the

petitioner was residing with her late father, the fact remains

that she is married and her husband is working abroad. The

said fact would itself establish that the petitioner was not WP(C)No.6212/2022

financially dependent on her father.

5. The learned Government Pleader further

submitted that the petitioner is seeking a Dependency

Certificate for the purpose of obtaining compassionate

appointment. The petitioner's father died as early on

26.09.2015. More than seven years have elapsed. The

Scheme for compassionate appointment has been brought

to enable the dependents of deceased Government servants

to overcome the immediate financial crisis arising out of the

death of the Government servant. The application of the

petitioner for compassionate appointment cannot be

entertained after nearly seven years of the demise of her

father. The writ petition is therefore without any merit,

contended the learned Government Pleader.

6. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

WP(C)No.6212/2022

7. The petitioner seeks issuance of Dependency

Certificate for the purpose of compassionate appointment.

The eligibility of the petitioner to get appointment on

compassionate appointment is to be decided by the

Appointment Authority as and when an application is made.

The petitioner is seeking issuance of Dependency Certificate

for the purpose of submitting application for compassionate

appointment.

8. This Court has considered whether the mere

status of a woman as married would decide the dependency

factor. In the judgment in Ashkarali K. v. State of Kerala

and others (2009 KHC 4370), this Court held that the mere

status of marriage of a woman cannot be a deciding factor in

the matter of dependency.

9. In the case of the petitioner, it is not clear whether

the petitioner was financially dependent on her deceased

father. Ext.P4 also does not disclose that the said aspect WP(C)No.6212/2022

was considered by the 2nd respondent. The conclusion

contained in Ext.P4 was made solely based on marriage

status of the petitioner. Prima facie, the said conclusion is

against the judgment of this Court reported in Ashkarali K.

(supra).

10. In the circumstances, this Court is of the view that

the 2nd respondent shall reconsider the application for

Dependency Certificate submitted by the petitioner. A

decision in that regard will have to be taken after

ascertaining whether the petitioner was financially depending

on her late father till his demise.

In that view of the matter, the writ petition is disposed of

directing the 2nd respondent to reconsider the application

submitted by the petitioner for Dependency Certificate taking

into consideration the judgment of this Court in Ashkarali K.

(supra) also. The petitioner will be at liberty to adduce such

evidence to establish that she was financially depending on WP(C)No.6212/2022

her father. A decision in this regard shall be taken within a

period of six weeks.

Sd/-

N. NAGARESH JUDGE ncd/24.02.2022 WP(C)No.6212/2022

APPENDIX OF WP(C) 6212/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER DATED 07.10.2015.

Exhibit P2 THE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT HEREIN DATED 12.08.2021.

Exhibit P3             THE     COPY     OF     THE     WRITTEN
                       REPRESENTATION    SUBMITTED   BY    THE

PETITIONERS BEFORE THE 2ND RESPONDENT HEREIN DATED 20.10.2021.

Exhibit P4 THE COPY OF THE ORDER TO THE PETITIONER REJECTING THE APPLICATION BY THE 2ND RESPONDENT HEREIN DATED 09.12.2021.

Exhibit P5 A TRUE COPY OF THE RATION CARD NO.

2054209776 DATED 27.11.2019.