IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30719 of 2009(H)
1. A.SHAJEER, S/O. ABDUL SALAM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.P.A.AHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :09/11/2009
O R D E R
T.R RAMACHANDRAN NAIR,J.
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W.P ( C) No.30719 of 2009
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Dated this the 9th November,2009
J U D G M E N T
The main prayer in the writ petition is for a direction
to the respondent to consider Ext.P6 application and
appoint the petitioner under the compassionate scheme, as
a teacher.
2. Petitioner is the son of late Jubaira Beevi who
died in harness on 12.5.2007 in a motor accident. She had
been working as a Junior Arabic Teacher in Government
T.T.I Manacaud in Thiruvananthapuram. As on the date of
her death, she had put in a total service of 31 years 4
months and 17 days.
3. Apart from the petitioner, she had one daughter
Shajina, another son Shameer and husband Abdul Salam
as the legal heirs. Petitioner had acquired the
qualification in Islamic History from the University of
Kerala and has also admitted to the Degree of Master of.
Philosophy and Bachelor of Education. According to the
petitioner, he was fully dependent of the deceased mother
and therefore he is eligible under the scheme for
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compassionate appointment as provided in G.O (P)
No.12/99/P&ARD dated 24.5.1999.
4. Ext.P6 is the application submitted by the
petitioner. It is accompanied by various documents which
have been prescribed in the above Government Order.
5. The application submitted by the petitioner as
per Ext.P6 is kept without passing any order so far. It is
the case of the petitioner that respondent is keeping the
application pending on the ground that the petitioner is
married. It is submitted that the petitioner’s marriage is
only after the death of his mother. Reliance is placed on
the decisions of this Court in Rev.Mother Dephine Mary Vs.
State of Kerala [2002 (1) KLT 137], St.Ignatius High School
Vs. State of Kerala[2005 (3) KLT 1000] and the decision of
the learned Single Judge in Ashkarali Vs. State of Kerala
[2009 (1) KLT S.N 17) to contend for the position that the
marriage will not deprive the claim for appointment under
the compassionate scheme.
6. It is for the respondent to take a decision in
accordance with law and in accordance with the principles
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laid down by this Court in the above decisions.
7. Heard learned Government Pleader also. It is
submitted that final orders will be passed on Ext.P6, in
accordance with law.
Hence there will be a direction to the respondent to
take a decision on Ext.P6, in accordance with law, within a
period of three months from the date of receipt of a copy of
this judgment. Petitioner will produce a copy of the writ
petition along with copy of this judgment before the
respondent, for compliance.
Writ petition is disposed of as above.
T.R RAMACHANDRAN NAIR,
JUDGE
ma
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