Kerala High Court
Neethu Sasi vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
O.P.(KAT) NO.411 OF 2023
AGAINST THE ORDER DATED 14.02.2023 IN O.A. NO.1192/2022 OF THE
HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONER/APPLICANT IN O.A.:
NEETHU SASI,
AGED 32 YEARS, D/O. LATE SASIDHARAN,
MULLIKALA NIKUNJAM, ARSHA NAGAR, HOUSE NO. 155 A,
KAVANAD (P.O.), KOLLAM DISTRICT, PIN-691 003.
BY ADVS.R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
JEENA A.V.
THOMAS THOMAS
RESPONDENTS/RESPONDENTS 1 TO 3 IN O.A.:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN (P.O.), THIRUVANANTHAPURAM, PIN-695 033.
3 THE PRINCIPAL,
GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE,
KAYAMKULAM (P.O.), ALAPUZHA DISTRICT, PIN-690 502.
SRI. A.J. VARGHESE, SENIOR GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
O.P.(KAT) NO.411 OF 2023
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
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O.P.(KAT) No.411 of 2023
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Dated this the 18th day of September, 2023
JUDGMENT
A.Muhamed Mustaque, J.
The applicant before the Kerala Administrative
Tribunal is the petitioner in this case. The
petitioner's father was working at Government
Women's Polytechnic College, Kayamkulam and he died
in harness on 13.08.2004. The petitioner was a minor
student at that time. When she attained majority in
the year 2011, she made an application for
compassionate appointment. The Government rejected
the said application in the year 2016. Thereafter,
the petitioner approached the Tribunal in the year
2022. There are two issues in this matter. One is
with regard to income ceiling, which is the ground
on which the Government rejected the claim for
compassionate appointment. The second issue is
O.P.(KAT) NO.411 OF 2023
relating to delay in claiming the compassionate
appointment.
2. With regard to the income, as per the
relevant Government order, the income limit for
compassionate appointment is Rs.4,50,000/-. In the
original income certificate issued by the Village
Officer, the income of the family was shown as
Rs.4,50,300/- in May, 2011. The Government rejected
the claim for compassionate appointment solely on
the ground that the income exceeds the ceiling limit
which is Rs.4,50,000/-. It is to be noted that the
Village Officer corrected the income certificate and
reduced it to Rs.4,45,456/-. He also stated the
reasons for issuing a fresh income certificate.
According to him, he erroneously included the
conveyance allowance of the petitioner's mother
while reckoning the income of the family. As per the
Government order, the net income of the family alone
is to be reckoned for determining the family income.
In the light of the revised income certificate, the
O.P.(KAT) NO.411 OF 2023
Government order is unsustainable. The Government
also had no occasion to consider the income
certificate. The Tribunal instead of remitting back
the matter to the Government to pass fresh orders on
the application for compassionate appointment, went
beyond the scope of challenge. It is found that the
application itself is liable to be dismissed due to
the delay that occurred. It is to be noted that the
original application was filed in the year 2022, and
the Government order which was impugned before the
Tribunal was passed as early as in the year 2016.
The Government did not defend the case attributing
the delay to the petitioner's laches in the counter
affidavit filed before the Tribunal.
3. We are of the view that the matter requires
a consideration by the Government in the light of
revised income certificate. The delay in approaching
the Tribunal is not always decisive especially in a
matter of compassionate appointment where the nature
of the employment itself is compassionate.
O.P.(KAT) NO.411 OF 2023
Therefore, the impugned order is set aside. The
Government shall consider the matter afresh in the
light of the revised income certificate, after
issuing notice to the petitioner within a period of
two months from the date of receipt of a copy of
this judgment.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
bpr
O.P.(KAT) NO.411 OF 2023
APPENDIX OF OP(KAT) 411/2023
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE SERVICE CERTIFICATE NO.
A1/26673/2011/COLL.EDN DT. 11.10.2011
ISSUED BY THE 2ND RESPONDENT
Annexure A2 TRUE COPY OF THE LETTER NO. A2/552/2011
DATED 08.06.2011 OF THE 2ND RESPONDENT
Annexure A3 TRUE COPY OF THE CERTIFICATE NO. 04/2012
DATED 28.01.2012 OF THE VILLAGE
OFFICER , KRISHNAPURAM
Annexure A4 TRUE COPY OF THE REPORT NO. 4/2012 DATED
12.03.2012 OF THE VILLAGE OFFICER,
KRISHNAPURAM
Annexure A5 TRUE COPY OF THE LETTER NO.
F2/72/2015/H.EDN.D DT. 16.11.2016 OF THE
1ST RESPONDENT
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF O.A. NO.
1192/2022, ON THE FILE OF KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM ALONG WITH ANNEXURES
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 2ND RESPONDENT IN O.A. NO.
1192/2022, ON THE FILE OF KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE ORDER DATED 14.02.2023
IN O.A. NO. 1192/2022, OF THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
