High Court Kerala High Court

Jayasree vs Union Of India on 21 November, 2008

Kerala High Court
Jayasree vs Union Of India on 21 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21050 of 2004(E)


1. JAYASREE W/O.EX-SAPPER UNNIKRISHNAN
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY
                       ...       Respondent

2. THE DIRECTOR FOF EMPLOYMENT EXCHANGES,

3. THE SENIOR RECORD OFFICER,

                For Petitioner  :SRI.MVS.NAMBOOTHIRY

                For Respondent  :SRI.S.KRISHNAMOORTHY, ADDL.CGSC

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :21/11/2008

 O R D E R
                             S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                     W. P (C) No. 21050 of 2004
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
               Dated this, the 21st November, 2008.

                            J U D G M E N T

Petitioner is the wife of a former soldier in Indian Army, who

was a member of the Indian Peace Keeping Force sent to Sri Lanka.

According to the petitioner, because of the stress and strain of of

military service, especially in Sri Lanka, her husband lost his mental

balance, as a result of which after a stint of hospitalisation in the

military hospital, he was finally invalided out of military service. The

petitioner submits that in view of the same, the petitioner is entitled

to compassionate appointment. The contention of the petitioner is

that the Supreme Court has in the decision of Sivamurthy v. State of

Andhra Pradesh, 2008(3) KLT 911 (SC) upheld the right of

dependents of Government servants who lost their employment on

account of medical invalidation.

2. In answer to the same, the Central Government counsel, with

the help of a counter affidavit, which is not on record, a copy of which

has been handed over to me for perusal, submits that as per the

Ministry of India UO Note No. 1223/US(Emp)/D(Res) dated 16th June,

1987, only dependents of service personnel who was invalided with

and over 50% disability attributable to military service are eligible for

employment assistance on compassionate grounds. According to the

respondents, the petitioner’s husband was invalided out of service

with 20% disability and therefore the petitioner is not eligible for

compassionate employment. It is further submitted that only 5%

vacancies are set apart for this purpose, that too, only for dependents

of those individuals who died in harness/killed in action and disabled

soldier.

3. I have considered the rival contentions in detail.

4. As far as the decision cited by the petitioner is concerned, I

do not think that, that can be applied in the petitioner’s case. That is

W.P.C. No. 21050/04. -: 2 :-

a case where the Supreme Court upheld a compassionate employment

scheme wherein dependents of medically invalided Government

servants were given the benefit of compassionate employment. Here,

the validity of such a scheme is not in question. The only question is

whether the petitioner is entitled to compassionate employment

because of the invalidation from military service of her husband with

20% medical disability. The petitioner has not produced any material

which would enable the petitioner to claim such an employment. On

the other hand, the respondents would contend that as per the

scheme available, only dependants of persons who are invalided out of

service with 50% or more disability is eligible for compassionate

employment. The petitioner could not, with any material, controvert

the said contention. She also does not dispute the fact that her

husband was invalided out of military service with only 20% disability.

That being so, the petitioner has not made out a case for eligibility for

compassionate employment. Accordingly, the writ petition is

dismissed.

S. Siri Jagan, Judge.

Tds/