Raji B vs State Of Kerala
2023 Latest Caselaw 9793 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                       TH
     WEDNESDAY, THE 13    DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                         WP(C) NO. 20780 OF 2023
PETITIONER:

            RAJI B., AGED 41 YEARS
            D/O. BABY AMMA T., CHARUVILAPUTHENVEEDU, POONAKULAM P.O.,
            KOLLAM DISTRICT., PIN - 691302

            BY ADVS.P.M.JOSEPH
            P.S.SAJEEV (CHIRAYIL)
            R.S.HARI KUMAR


RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF DEVASWOM AFFAIRS, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM., PIN - 695001

     2      TRAVANCORE DEVASWOM BOARD
            REPRESENTED BY THE ITS SECRETARY,
            DEVASWOM HEADQUARTERS, NANDANCODE, KAWDIAR P.O.,
            THIRUVANANTHAPURAM., PIN - 695003

     3      THE SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM
            HEADQUARTERS, NANDANCODE, KAWDIAR P.O., THIRUVANANTHAPURAM.,
            PIN - 695003

     4      DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
            DEVASWOM HEADQUARTERS, NANDANCODE, KAWDIAR P.O.,
            THIRUVANANTHAPURAM., PIN - 695003

            SMT. SURYA BINOY, SR. GP, SRI. G BIJU, SC FOR TDB

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20780 OF 2023                      2


                                         JUDGMENT

The petitioner has approached this Court being aggrieved by the refusal on

the part of the second respondent in granting compassionate appointment to the

petitioner. The petitioner has sought for the following reliefs:

(i) issue a writ of mandamus or any other appropriate writ, order, or direction commanding the respondents 2 to 4 to appoint the petitioner to the post of clerk/sub-group officer in the vacancies earmarked for Compassionate Appointment Scheme maintained in the 2nd respondent or any other appropriate post in the 10% earmarked for Dying in Harness Scheme in the 2nd respondent;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass positive order on Ext.P6 representation which has been forwarded to the 2nd respondent.

2. When the matter is taken up for consideration, Sri. P.M. Joseph, the

learned counsel, submits that a direction be issued to the second respondent to

consider and take a decision on Ext.P6 representation.

3. Sri.Biju.G, the learned Standing Counsel, submits that there is no

impediment in considering the above request.

In that view of the matter, this writ petition is disposed of, directing the

second respondent to consider Ext.P6 representation on its merits and in

accordance with law, with notice to the petitioner and affected parties, if any.

Orders shall be passed within a period of one month from the date of receipt of a

copy of the judgment.

SD/-

                                                     RAJA VIJAYARAGHAVAN V
jes                                                              JUDGE



                          APPENDIX OF WP(C) 20780/2023


PETITIONER EXHIBITS

Exhibit-P1    TRUE COPY OF THE DEATH CERTIFICATE NO.D0020360-1406301 DATED

05.07.2014 ISSUED BY THE SPECIAL GRADE SECRETARY AND REGISTRAR OF BIRTHS AND DEATHS, POOTHAKULAM GRAMA PANCHAYATH, KOLLAM DISTRICT.

Exhibit-P2 TRUE COPY OF THE FORM OF APPLICATION FOR EMPLOYMENT FOR APPOINTMENT OF RELATIVES/DEPENDENTS UNDER DYING IN HARNESS SCHEME DATED 29.12.2014.

Exhibit-P3 TRUE COPY OF THE RTI REPLY NO. R.O.C.3921/18/P.I.O./ESST.C. DATED 24.03.2018 OF ASSISTANT DEVASWOM COMMISSIONER (ESTABLISHMENT) TO THE MOTHER OF THE PETITIONER.

Exhibit-P4 TRUE COPY OF THE LETTER NO.ROC NO.16997/14/EST-IV DATED 12.04.2018 OF THE 3RD RESPONDENT SECRETARY TO THE 4TH RESPONDENT.

Exhibit-P5 TRUE COPY OF THE LETTER NO.R.O.C.1434/15/ESST.C. DATED 13.02.2020 FROM THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit-P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR DEVASWOM DATED 19.10.2022.