Aswathy M.G vs The Ministry Of Home Affairs
2023 Latest Caselaw 1015 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                        WP(C) NO. 38916 OF 2022
PETITIONER:

          ASWATHY M.G
          AGED 26 YEARS
          D/O GEETHA AND MADHU, CHERIYA PULLINGAL VEEDU,
          PUTHENKADA, THIRUPURAM.P.O, THIRUVANANTHAPURAM - 695121
          BY ADV R.GOPAN
RESPONDENTS:

    1     THE MINISTRY OF HOME AFFAIRS
          NORTH BLOCK CENTRAL SECRETARIAT, NEW DELHI-110001
          REP. BY ITS SECRETARY
    2     THE COMMANDANT 81 BATTALION
          SIBIN CRPF, POLICE LINE, JASHPUR NAGAR,
          DISTRICT JASPUR, CHATTISGARH- PIN-496331.
    3     OFFICE OF THE DIGP,
          GROUP CENTRE, CRPF, PALLIPURAM, THIRUVANANTHAPURAM,
          KERALA PIN-695316.
    4     DIRECTOR GENERAL OF CENTRAL RESERVE POLICE FORCE
          BLOCK NO.1, CGO, COMPLEX, LODHI NAGAR, NEW DELHI-110003
    5     SINDHU
          AGED 64 YEARS
          M/O LATE AJITH BABU, AJITH BHAVAN, NARUAMOODU.P.O
          PALLICHAL VILLAGE, THIRUVANANTHAPURAM DISTRICT-695528
    6     BABU.P.,
          AGED 67 YEARS,
          F/O LATE AJITH BABU, AJITH BHAVAN,
          NARUAMOODU. P.O P9541ALLICHAL VILLAGE,
          THIRUVANANTHAPURAM DISTRICT PIN-695528
          GIRISH KUMAR V
          SHAJIN S.HAMEED
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.38916 OF 2022

                                       2




                                JUDGMENT

Dated this the 17th day of January, 2023

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or order or direction and call for the records leading to Exbt.P12 and quash Exbt.P12 by issuing writ of certiorari.

(ii) Issue a writ of mandamus or order or direction directing the second respondent to reconsider Exhibit.P4 application dehors NOC from 5th and 6th respondent, within the time fixed by the Hon'ble Court."

2. Heard the learned counsel for the petitioner, the learned CGC

appearing for respondents 1 to 4 as well as the learned counsel

appearing for the 6th respondent.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the widow of Sri.Ajith Babu, who passed away while he

was working in the CRPF. It is submitted that the petitioner is an

uneducated lady and she has a minor child and they were fully

dependent on the income of the deceased. It is submitted that an

application for compassionate appointment had been submitted by the

petitioner, but the same is not being considered by the respondents. It is WP(C) NO.38916 OF 2022

stated that by Ext.P12, several defects have been pointed out, out of

which, one is with regard to the NOC from the mother and father of the

deceased employee. It is submitted by the learned counsel for the

petitioner that there is no provision for an NOC of the parents of the

deceased for considering an application for compassionate appointment

where the applicant is, admittedly, the widow.

4. It is submitted that the 6th respondent has also come on record

before this Court stating that there is no objection to the petitioner's

application for compassionate appointment being considered. But the

5th respondent has refused to give any such NOC.

5. The learned CGC submits that there are several reasons stated in

Ext.P12 and if all other defects are rectified, then the application can be

considered.

6. Since no provision requiring an NOC from the parents of the

deceased is relied on, this writ petition is disposed of directing that in

case the petitioner submits an application in the prescribed proforma for

compassionate appointment and produce all other details as required in

Ext.P12, the application shall be considered, at the earliest, without WP(C) NO.38916 OF 2022

insisting on an NOC from the parents of the deceased.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.38916 OF 2022

APPENDIX OF WP(C) 38916/2022

PETITIONER'S EXHIBITS Exhibit P1 PHOTOCOPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER AND THE LATE AJITH BABU.B.S DATED 16.4.2021 Exhibit P2 PHOTOCOPY OF THE BIRTH CERTIFICATE OF ADITHI KRISHNA MALE CHILD OF THE PETITIONER DATED 10.1.2022 Exhibit P3 PHOTOCOPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, DEPARTMENT OF HEALTH AND FAMILY WELFARE DATED 25.6.2022 Exhibit P4 PHOTOCOPY OF THE APPLICATION DATED 20.7.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 PHOTOCOPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER ISSUED BY THE BOARD OF PUBLIC EXAMINATION, KERALA DATED 28.4.2011 Exhibit P6 PHOTOCOPY OF THE PLUS TWO CERTIFICATE OF THE PETITIONER ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATIONS DATED 10.9.2021 Exhibit P7 PHOTOCOPY OF THE DOMICILE CERTIFICATE ISSUED BY THE TAHSILDAR, NEYYATTINKARA TALUK OFFICE DATED 7.7.2022 TO THE PETITIONER Exhibit P8 PHOTOCOPY OF THE CASTE CERTIFICATE OF THE PETITIONER DATED 11.7.2022 ISSUED BY THE TAHSILDAR, NEYYATTINKARA TALUK OFFICE Exhibit P9 PHOTOCOPY OF THE AFFIDAVIT OF THE PETITIONER SIGNED BEFORE THE NOTARY PUBLIC DATED 13.7.2022 Exhibit P10 PHOTOCOPY OF THE CERTIFICATE NO. A7-

20447/2022/KDIS. DATED 18.7.2022 ISSUED BY THE TAHSILDAR, TALUK OFFICE, NEYYATTINKARA Exhibit P11 PHOTOCOPY OF THE UNDERTAKING/SELF DECLARATION SIGNED BY THE PETITIONER BEFORE THE NOTARY PUBLIC DATED 13.7.2022 Exhibit P12 PHOTOCOPY OF THE NOTICE DATED 6.8.2022 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER WITH ENGLISH TRANSLATION RESPONDENTS' EXHIBITS: NIL