Vijayakumar vs The Tahsildar
2022 Latest Caselaw 1176 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                WP(C) NO. 28059 OF 2021
PETITIONERS:

    1    VIJAYAKUMAR
         AGED 35 YEARS
         KANNUKETTILTHEKKETHIL (H), CHERICKAL,
         MUDIYOORKONAM P.O., PATHANAMTHITTA
    2    PUSHPAVATHI
         AGED 56 YEARS
         KANNUKETTILTHEKKETHIL (H), CHERICKAL,
         MUDIYOORKONAM P.O., PATHANAMTHITTA

         BY ADVS.
         GAJENDRA SINGH RAJPUROHIT
         AKHIL GEORGE
         BABU JOSE
         VIVEK VENUGOPAL
         SEBIN SEBASTIAN
         DEVAN N.R


RESPONDENTS:

    1    THE TAHSILDAR,
         TALUK OFFICE, ADOOR, PATHANAMTHITTA
         DISTRICT,PIN-693 521
    2    THE VILLAGE OFFICER,
         PANDALAM, PANDALAM P.O., PATHANAMTHITTA
         DISTRICT,PIN-689 501


         SRI.APPU P S, GOVT. PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 28.01.2022, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.28059/2021
                                       :2:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                      W.P.(C) No.28059 of 2021

          `````````````````````````````````````````````````````````````
              Dated this the 28th day of January, 2022

                            JUDGMENT

~~~~~~~~~

The petitioners seek to issue a writ of Mandamus

directing the respondents to grant Dependency Certificate to

the 1st petitioner for the purpose of obtaining appointment on

compassionate grounds.

2. The 1st petitioner's sister Jayalakshmi lost her

spouse in 2013. Thereafter, Jayalakshmi and her two

children were residing with the petitioners. Jayalakshmi was

working as Attender (Grade-II) at Government Medical

College Hospital, Thiruvananthapuram. The petitioner, his

mother and Jayalakshmi's two children were dependent on

the income of Jayalakshmi. While so, Jayalakshmi passed

away due to Covid-19, on 17.04.2021.

W.P.(C) No.28059/2021

3. The family became indigent due to the demise of

the sole breadwinner. By Ext.P1, the Municipal Ward

Councilor certified that the family is impoverished. The 1 st

petitioner sought appointment on compassionate grounds.

The Medical College Hospital authorities agreed to give

appointment on humanitarian grounds, provided the 1 st

petitioner submits requisite documents. Dependency

Certificate was one of the necessary documents.

4. The 1st petitioner's request to the 2 nd respondent

-Village Officer for issuance of Dependency Certificate, was

rejected. The petitioner made Exts.P3(a) and P3(b)

complaints before the 1st respondent-Tahsildar. The 1st

respondent rejected the application holding that the children

are the Legal Heirs of Jayalakshmi. The petitioners are

aggrieved by the decision. According to the petitioners, the

1st petitioner, mother and two children of Jayalakshmi were

residing together and were solely dependent on the income

of the deceased.

W.P.(C) No.28059/2021

5. The 1st respondent filed a statement. The 1 st

respondent submitted that an enquiry was conducted for

issuance of Dependency Certificate on the application filed

by the 1st petitioner to his claim that he was a dependent of

late Jayalakshmi. A hearing was conducted on 08.09.2021

and a local enquiry was made by the 2nd respondent-Village

Officer. The 1st petitioner is only 35 years of age and he is a

fit person with good health and without any physical or

mental disability. The children left behind by the deceased

are Srinath K.G. (13 years) and Sreekumar K.G. (11 years).

6. On enquiry, it is understood that the children of the

deceased are the real dependents and the rightful persons

who are entitled to be appointed on compassionate basis to

the vacancy on the death of late Smt. Jayalakshmi P. The

Village Officer has reported that a charitable society in

Cherickal Mudiyoorkonam has taken over the responsibility

of the education expenses of the children who lost their

parents. On the basis of this enquiry, the application for

Dependency Certificate has been rejected by order dated W.P.(C) No.28059/2021

17.09.2021.

7. Ext.P3 application filed by the mother of the

deceased for issuance of legal heirship certificate was

considered and as per the Hindu Succession Act, 1956,

children alone are class-1 heirs and a legal heirship

certificate to that effect has been issued on 02.12.2021 after

due publication in the gazette. No evidence was produced

by the 1st petitioner to show that he is depending on the

deceased Jayalakshmi for his livelihood.

8. I have heard the counsel for the petitioners and

the Government Pleader representing the respondents.

9. The 1st petitioner wants to submit application for

appointment on compassionate grounds, consequent to the

demise of his sister, on whom the 1 st petitioner claims, was a

dependent. The 1st petitioner has applied for a Dependency

Certificate. Paragraph 234 of the Village Office Manual

provides that a Dependency Certificate can be issued to an

applicant if he has no sufficient income and was dependent

on member of the family. The Dependency Certificate has to W.P.(C) No.28059/2021

be issued after verifying the employment and financial status

of the applicant and other members of the family.

10. In this case, the 1st petitioner has submitted an

application for Dependency Certificate. The fact that a legal

heir certificate has been issued to the legal heirs of

deceased Jayalakshmi, is not a reason to deny Dependency

Certificate to the 1st petitioner, if he is otherwise entitled to it.

Whether employment under compassionate scheme is to be

given to a legal heir or whether it can be given to a

dependent of the deceased, are matters to be considered by

the employer. Therefore, the application of the 1 st petitioner

for Dependency Certificate is liable to be considered on its

own merit.

11. In the circumstances of the case, there will be a

direction to the respondents to reconsider the application for

Dependency Certificate submitted by the 1 st petitioner and

take a decision afresh on the basis of enquiry made or to be

made by the respondents. To enable the respondents to

consider the application of the 1 st petitioner, Annexure-R1(a) W.P.(C) No.28059/2021

communication of the 1st respondent is set aside. A decision

on the application made by the 1 st petitioner shall be taken

and communicated to the 1st petitioner within a period of four

weeks.

Writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE aks/01.02.2022 W.P.(C) No.28059/2021

APPENDIX OF WP(C) 28059/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE COUNCILLOR Exhibit P2A A TRUE PHOTOCOPY OF LETTER DATED 13.07.2021 ADDRESSED TO THE PRINCIPAL GOVT. MEDICAL COLLEGE, TRIVANDRUM Exhibit P2B A TRUE PHOTOSTAT COPY OF LETTER DATED 23.07.2021 SENT BY SENIOR ADMINISTRATIVE OFFICER, GOT MEDICAL COLLEGE, TRIVANDRUM TO THE SUPERINTEND, GOVT MEDICAL COLLEGE, TRIVANDRUM Exhibit P2C A TRUE PHOTOSTAT COPY OF LETTER DATED 29.07.2021 SENT BY SECRETARY & TREASURER , GOT.MEDICAL COLLEGE TRIVANDRUM TO 2ND PETITIONER Exhibit P3A TRUE COPY OF THE COMPLAINT FILED BY 1ST PETITIONER APPLYING FOR DEPENDENCY CERTIFICATE BEFORE THAHASILDAR Exhibit P3B TRUE COPY OF THE COMPLAINT FILED BY 2ND PETITIONER APPLYING FOR DEPENDENCY CERTIFICATE BEFORE THAHASILDAR Exhibit P4 TRUE COPY OF THE ORDER (NO.C2-

9387/2021/K.DIS) DATED 17.09.2021 BY TALK OFFICE, ADOOR Exhibit P5A TRUE COPY OF RATION CARD OF THE DECEASED Exhibit P5B TRUE COPY OF RATION CARD OF THE 1ST PETITIONER Exhibit P5C TRUE COPY OF RATION CARD OF THE 2ND PETITIONER Exhibit P6 A TRUE COPY OF THE CERTIFICATE AFFIRMING 1ST PETITIONERS MARITAL STATUS AND PERMANENT RESIDENCE ISSUED BY PANDALAM VILLAGE OFFICE

RESPONDENT'S EXT R1(a) COPY OF ORDER DT 17.9.2021 BY 1ST RESPONDENT.