High Court Kerala High Court

Silbi Lalu vs The Managing Director on 13 November, 2007

Kerala High Court
Silbi Lalu vs The Managing Director on 13 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33398 of 2007(A)


1. SILBI LALU, S/O LATE LALU PAULOSE,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE DISTRICT TRANSPORT OFFICER,

3. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.ALEXANDER JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :13/11/2007

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                    -------------------------------------------
                     W.P(C).No.33398 OF 2007
                   -------------------------------------------
            Dated this the 13th day of November, 2007


                               JUDGMENT

Heard learned counsel for the petitioner, learned

Government Pleader and standing counsel for Kerala State Road

Transport Corporation.

2. Petitioner’s husband died on 29.8.2005. By Ext.P1, the

Tahsildar has certified that the deceased husband of the

petitioner left behind his parents also, apart from the petitioner,

the father being aged 66 years and the mother, 62 years. The

petitioner applied for appointment on compassionate grounds.

By Ext.P2, the petitioner has been informed that she has to

produce a consent letter of the parents of the deceased for

consideration of her application. This, obviously, runs against

Ext.P3, where the priority goes to the widow and the parents are

not in the field of reckoning for consideration for compassionate

appointment. That apart, the age of the parents of the deceased

are much beyond the retirement age from the service of the

WPC.33398/07

Page numbers

KSRTC. In any view of the matter, the insistence in Ext.P2 that

the petitioner has to produce the consent letter of the parents of

her late husband is unsustainable.

3. For the aforesaid reasons, Ext.P2 is quashed and it is

directed that the application of the petitioner for compassionate

appointment shall be considered and decided upon within a

period of three months from the date of receipt of a copy of this

judgment, without insisting on the production of consent letter

as called for as per Ext.P2 and subject to other formalities in

accordance with the scheme.

The writ petition is disposed of with the above direction.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.