Nithin Shaj.K vs The District Medical Officer Of on 16 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24453 of 2010(F)


1. NITHIN SHAJ.K,
                      ...  Petitioner

                        Vs



1. THE DISTRICT MEDICAL OFFICER OF
                       ...       Respondent

2. THE DIRECTOR OF HEALTH SERVICES,

3. THE DEPUTY SECRETARY,

4. THE STATE OF KERALA,

                For Petitioner  :SMT.CELINE JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/11/2010

 O R D E R
                         S. SIRI JAGAN, J.
                 -----------------------------------
                   W.P.(C) No.24453 OF 2010
              ---------------------------------------
          Dated this the 16th day of November, 2010

                             JUDGMENT

The petitioner is the son of late Smt. Annamma P.S., who

died on 22.3.2005 while working as Junior Public Health Nurse in

the Health Service Department of the Government of Kerala. The

petitioner applied for compassionate employment under the

Compassionate Employment Scheme of the Government. The

Government, by Ext.P7 order, allowed the prayer of the petitioner

and directed the Director of Health Services to take appropriate

action in the matter. But, although that order was passed on

5.5.2008, the petitioner was not given an appointment and

posting in accordance with Ext.P7 order, is the grievance of the

petitioner. On 8.9.2010, I passed the following order:

“The learned Government Pleader on instructions
submits that, although the Government have
decided to give compassionate employment to the
petitioner, at present the petitioner cannot be
appointed for want of sufficient vacancies.
According to him, only 5% vacancies are set apart
for giving compassionate employment and the
petitioner is the 6th in the seniority list. I am of
opinion that, such a stand would defeat the very
purpose of the scheme of compassionate
employment. This court and the Hon’ble Supreme
Court has repeatedly held that, the very object of

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the compassionate employment is to give
immediate succor to the family of the deceased
Government employee which is in distress on
account of the death of the Government
employee. In one case the Hon’ble Supreme
Court has even held that, if necessary,
appointments shall be made by creating
supernumerary vacancies. Therefore the
government shall consider the matter and give a
considered opinion on the basis of the above
observations and the decisions of this court and
the Hon’ble Supreme Court within a period of one
month.

Today, the learned Government Pleader submits that there are

two vacancies in Wayanad District as L.D.Clerk and the

petitioner can be appointed in one of those vacancies.

Accordingly, this writ petition is disposed of with a

direction to the first respondent to issue to the petitioner an

appointment order appointing the petitioner in one of those

vacancies within one month from the date of receipt of a copy

of this judgment.

S. SIRI JAGAN, JUDGE

acd

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