Asha Devi vs Institute Of Human Resources ...
2023 Latest Caselaw 5880 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                       WP(C) NO. 8265 OF 2012
PETITIONER:

               ASHA DEVI
               W/O SHIBU S. NAIR, CHENNUMPARA VEEDU U 230, T.C
               7/1058 KARUTHANKUZHAY, KANJIRAMPARA P.O,
               THIRUVANANTHAPURAM 695030
               BY ADV SRI.KALEESWARAM RAJ


RESPONDENTS:

    1          INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
               (IHRD) REPRESENTED BY THE DIRECTOR, INSTITUTE
               OF HUMAN RESOURCES DEBVELOPMENT VAZHUTHACAUD,
               THIRUVANANTHAPURAM 695014
    2          THE DISTRICT COLLECTOR
               COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU
               THIRUVANANTHAPURAM 695001
    3          THE TAHSILDAR
               TALUK OFFICE THIRUVANANTHAPURAM 695001
               BY ADVS.
               SRI.DEEPU THANKAN, SC, IHRD
               GOVERNMENT PLEADER
               GOVERNMENT PLEADER



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   24.05.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 8265 OF 2012

                                 2




                           JUDGMENT

This is a case where the petitioner seeks compassionate

appointment, consequent to the death of her mother in the

year 2010, asserting that she is fully dependent upon her.

2. However, it is conceded by Smt.Thulasi Raj - learned

counsel for the petitioner, without any reservation, that the

petitioner was married much prior to the death of her mother

and that her husband was also gainfully employed.

3. Going by the judgment of the Honourable Supreme

Court in Fertilizers and Chemicals Travancore Ltd. v.

Anusree K.B. [AIR 2022 SC 4766] the sine qua non for a

claim for compassionate appointment to be favourably

considered is the immediate financial requirement of the

claimant.

4. Pertinently, this matter has been pending before

this Court for the last twelve years without any orders and

there is no explanation, through further pleadings, as to the

present fiscal scenario with respect to the petitioner. This is

relevant more so because, as I have already said above, she

is married and living with her husband. WP(C) NO. 8265 OF 2012

In the afore circumstances, I am afraid that this Court cannot

come to the aid of the petitioner, This Writ Petition is, therefore,

closed .

Sd/- DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO. 8265 OF 2012

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1:COPY FOT HE CASE SUMMARY RECORD.

EXT.P2: COPY OF THE DEATH CERTIFICATE OF PETITIONER'S MOTHER.

EXT.P3: COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER.

EXT.P4: COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER.

EXT.P5: COPY FO THE LEGAL HEIR CERTIFICATE DATED 21.08.2010.

EXT.P6: COPY OF THE APPLICATION DATED 13.09.2010 TOGETHER WITH COVERING LETTER DATED 13.09.2010.

EXT.P7: COPY OF THE SERVICE CERTIFICATE PERTAINING TO THE PETITIONER'S MOTHER.

EXT.P8: COPY OF THE INCOME CERTIFICATE DATED 28.09.2010.

EXT.P9: COPY OF G.O.(P) NO.14/2010 DATED 12.04.2010.

EXT.P10: COPY OF THE COMMUNICATION DATED 10.11.2010.

EXT.P11: COPY OF THE LETTER DATED 09.12.2010.

EXT.P12: COPY OF THE ORDER DATED 15.03.2011.

EXT.P13: COPY OF THE LETTER DATED 25.08.2011.

EXT.P14: COPY OF THE I.D. CARD OF THE PETITIONER. EXT.P15: COPY OF THE LETTER DATED 03.05.2011.

EXT.P16: COPY OF THE ORDER DATED 30.09.2011.

EXT.P17: COPIES OF THE CERTIFICATES SHOWING THE PETITIONER'S QUALIFICATION.

WP(C) NO. 8265 OF 2012

RESPONDENT EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN