IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36761 of 2007(B)
1. J.R.REMA, W/O.LATE MANOJKUMAR,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY ITS
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
3. THE DIRECTOR,
For Petitioner :SRI.T.MADHU
For Respondent :SRI.C.S.MANILAL
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :06/08/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.36761 of 2007
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Dated this the 6th day of August 2008
JUDGMENT
The petitioner’s husband late B.Manojkumar was
employed in the Indian Army. While he was posted at
Amritsar, on his way back from an inter unit hockey match,
he was involved in a motor accident on 16.4.2001. He
breathed his last on 24.4.2001. Exts.P3 and P4 certificates
produced along with the writ petition show that his death
was attributable to military service in a field area and that
the accident occurred while he was coming back after
participating in an inter unit hockey match as per the
direction issued by the Commanding Officer. The petitioner
had applied to the Central Government for compassionate
appointment under the dying in harness scheme. The said
application was rejected on the ground that it was not made
within one year of the death of her husband and the decision
was communicated to the petitioner by Ext.P7 letter dated
18.11.2005. The petitioner thereupon moved the State
W.P.(C)36761/2007 2
Government for compassionate appointment as the
dependent of a deceased defence personnel. The application
was submitted before the Director of Sainik Welfare at
Thiruvananthapuram, who by Ext.P8 letter dated 7.4.2005
recommended to the Principal Secretary to Government,
General Administration (Sainik Welfare) Department that the
petitioner is eligible for employment assistance under the
State Government Scheme. Ext.P8 also discloses that the
Director of Sainik Welfare had requested for condoning the
delay in submission of the application. By Ext.P9 letter dated
28.7.2006, the State Government informed the petitioner
that as her husband’s death is not attributable to military
service in a field area, she is not eligible for employment
assistance. Ext.P9 states that the petitioner’s husband
passed away while he was coming back after participating in
an inter unit hockey match and therefore it cannot be
considered as death attributable to military service.
2. I have heard Sri.Madhu.T., the learned counsel
appearing for the petitioner and Sri.Nandakumar, the learned
Government Pleader appearing for respondents 2 and 3.
3. Exts.P3 and P4 establish beyond doubt that the
W.P.(C)36761/2007 3
petitioner participated in the inter unit hockey match on the
direction of his superior officer. It was while
he was coming back after participating in the hockey match
that he met with an accident on 16.4.2001. He later
succumbed to his injuries on 24.4.2001. In my opinion, the
stand taken by the Government, as reflected in Ext.P9, is a
hyper technical view which is not in tune with the view taken
by the authorities of the Indian Army in Exts.P3 and P4.
Ext.P9 is therefore quashed and the second respondent is
directed to re-consider the petitioner’s application for
compassionate appointment afresh taking note of Exts.P3
and P4. Revised orders disposing of the petitioner’s
application for compassionate appointment shall be passed
within two months from the date of receipt of a copy of this
judgment.
The writ petition is allowed as above. No costs.
P.N.RAVINDRAN, JUDGE
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