Sreedevi M vs State Of Kerala
2022 Latest Caselaw 5704 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

    FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944

                   WP(C) NO. 17200 OF 2022

PETITIONER/S:


           SREEDEVI M.,AGED 42 YEARS,
           W/O.LATE VIJAYAKUMAR, ULLATTIL HOUSE, VALLACHIRA
           P.O., THRISSUR DISTRICT-680562.




           BY ADVS.
           LINDONS C.DAVIS
           E.U.DHAN
           SWATHY A.P.



RESPONDENT/S:


       1   STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
           AYUSH DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

       2   DIRECTOR OF AYURVEDA MEDICAL EDUCATION,
           DIRECTORATE OF AYURVEDA MEDICAL EDUCATION,
           AROGYA BHAVAN, MG ROAD,
           THIRUVANANTHAPURAM-695001.
 W.P.(C) No.17200 of 2022
                                 2




           3    MANAGER, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR,
                THAIKKATTUSSERY, THRISSUR DISTRICT-680322.


           4    THE PRINCIPAL,VAIDYARATNAM AYURVEDA COLLEGE,
                OLLUR,THAIKKATTUSSERY,
                THRISSUR DISTRICT-680322.




                SMT ANIMA, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.17200 of 2022
                                       3




                                  JUDGMENT

Late Vijayakumar, the husband of the petitioner passed away on

18.10.2018 while working as a nurse at Vaidyaratnam Ayurveda

College, Thrissur, an aided Ayurveda College. The petitioner, being a

hapless widow without any job or income, submitted Ext.P1 application

for Compassionate appointment. The application was followed up with

Ext.P3 submitted through the Principal of the institution. It is submitted

that without granting appointment to the petitioner, the Manager of the

institution has invited application for 9 posts of Class-IV employees.

The petitioner submitted Ext.P8 request and she was also called for an

interview. However, ignoring her, Ext.P9 ranked list was prepared. In

the said circumstances, the petitioner is stated to have preferred

Ext.P10 representation raising her grievance before the respondents 1

and 2. The petitioner relies on Ext.P11 Government Order to

substantiate her contention that she is entitled to appointment under

the Compassionate Employment Scheme. It is in the afore

circumstances that the petitioner has approached this Court seeking W.P.(C) No.17200 of 2022

issuance of directions.

2. Sri.Lindons C. Davis, the learned counsel appearing for the

petitioner submitted that the petitioner would be satisfied if necessary

directions are issued to the 1st respondent to consider Ext.P10

representation in an expeditious manner.

After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed

of by issuing the following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P10, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative and the 3rd respondent.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of two months from the date of

production of a copy of this judgment.

W.P.(C) No.17200 of 2022

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

                                               RAJA VIJAYARAGHAVAN V,
   sru                                                 JUDGE
 W.P.(C) No.17200 of 2022





                           APPENDIX OF WP(C) 17200/2022


PETITIONER'S EXHIBITS:

Exhibit P1                   A COPY OF THE APPLICATION DATED 20.4.2019.

Exhibit P2                   A COPY OF THE LETTER DATED 19.11.2020 OF
                             THE 2ND RESPONDENT

Exhibit P3                   A COPY OF THE APPLICATION DATED 13.7.2020
                             OF THE PETITIONER FOR COMPASSIONATE
                             APPOINTMENT

Exhibit P4                   A COPY OF THE COVERING LETTER DATED

9.12.2020 FROM THE PETITIONER TO THE 3RD RESPONDENT

Exhibit P5 A COPY OF THE COVERING LETTER DATED 9.12.2020 FROM THE PETITIONER TO THE 4TH RESPONDENT

Exhibit P6 A COPY OF THE LETTER DATED 22.3.2021.

Exhibit P7 A COPY OF THE ADVERTISEMENT PUBLISHED BY THE RESPONDENT MANAGER CALLING FOR APPLICATION TO 9 VACANCIES OF CLASS IV POSTS.

Exhibit P8 A COPY OF THE DRAFT OF REQUEST OF THE PETITIONER DATED 8.11.2021.

Exhibit P9 A COPY OF THE RANKED LIST DATED 28.4.2022.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 4.5.2022 OF THE PETITIONER SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENT.

W.P.(C) No.17200 of 2022

Exhibit P11 A COPY OF G.O(MS) NO.636/2013/H.EDN. DATED 7.10.2013.

RESPONDENTS EXHIBITS : NIL