Suprabha S vs The Kerala Minerals And Metals ...
2022 Latest Caselaw 10342 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
      FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                       WP(C) NO. 30204 OF 2022
PETITIONER:

          SUPRABHA S
          AGED 46 YEARS
          W/O. LATE SAJEEVAN A., SREENANDANAM,
          MURUNTHAL, PERINAD.P.O., THRIKKADAVOOR, KOLLAM-691 601
          BY ADVS.
          V.JAYAPRADEEP
          ANN SUSAN GEORGE
          O.A.NURIYA
          D.S.LOKANATHAN
          ALAN PRIYADARSHI DEV
          MERIN ROSE
          KUNJULEKSHMI(K/3134/2022)


RESPONDENT:

          THE KERALA MINERALS AND METALS LIMITED
          SANKARAMANGALAM, CHAVARA, KOLLAM-691 583, REPRESENTED
          BY THE MANAGING DIRECTOR.
          BY ADV. LATHA ANAND, STANDING COUNSEL
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.30204 OF 2022

                                       2



                              JUDGMENT

Dated this the 7th day of October, 2022

This writ petition is filed seeking the following

relief:

"1. Issue a writ of mandamus or any other writ, order or direction, directing the respondent to give a compassionate appointment to the petitioner forthwith, within a time frame as fixed by this Hon'ble Court."

2. Heard the learned counsel for the

petitioner and the learned Standing Counsel

appearing for the respondent.

3. It is submitted by the learned counsel for

the petitioner that the petitioner is the widow of

Mr.Sajeevan, who was employed by the respondent.

It is submitted that her husband having died in

harness, the petitioner had made Exhibit P8

application seeking appointment under the

Compassionate Appointment Scheme.

4. Learned counsel for the respondent would

contend that the petitioner's husband was evidently W.P.(C)No.30204 OF 2022

only a contract employee and it would be doubtful

whether the petitioner is entitled for compassionate

appointment in terms of the scheme.

In any view of the matter, I am of the

opinion that it is for the respondent to take an

appropriate decision on Exhibit P8 application.

There will, accordingly, be a direction to the

respondent to take up Exhibit P8 application

submitted by the petitioner and to consider and

pass appropriate orders on the same in accordance

with the scheme for compassionate appointment.

Necessary shall be done within a period of two

months from the date of receipt a copy of this

judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/07/10 W.P.(C)No.30204 OF 2022

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE IDENTITY CARD DATED 08.09.1978 ISSUED BY THE SPECIAL TAHSILDAR , CHAVARA IN FAVOUR THE FATHER OF LATE SAJEEVAN Exhibit P2 THE COPY OF THE EMPLOYEES STATE INSURANCE CORPORATION CARD DATED 14.08.2012 OF THE LATE SAJEEVAN Exhibit P3 THE COPY OF THE DEATH CERTIFICATE DATED 13.04.2022 ISSUED BY THE KOLLAM CORPORATION.

Exhibit P4 THE COPY OF THE DEGREE CERTIFICATE DATED 25.02.1999 ISSUED BY THE UNIVERSITY OF KERALA.

Exhibit P5 THE COPY OF THE CERTIFICATE DATED 05.12.2007 ISSUED BY THE UNIVERSITY OF KERALA.

Exhibit P6 THE COPY OF THE G.O(P) NO.32/2007/PLG DATED 07.06.2007 Exhibit P7 THE COPY OF THE APPLICATION DATED 24.01.2022 Exhibit P8 THE COPY OF THE APPLICATION DATED 14.02.2022 Exhibit P9 THE COPY OF THE REMINDER DATED 13.07.2022

SSK //TRUE COPY// PA TO JUDGE