High Court Kerala High Court

B.Binu vs The Union Of India on 5 July, 2007

Kerala High Court
B.Binu vs The Union Of India on 5 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16005 of 2004(E)


1. B.BINU, S/O.LATE EX.GS-155037PNR N.BABU,
                      ...  Petitioner

                        Vs



1. THE UNION OF INDIA, REP. BY ITS
                       ...       Respondent

2. THE DIRECTOR GENERAL, BOARD ROADS,

3. THE COMMDANDANT GREF CENTRE,

4. THE OFFICER COMMDANDING, HQ,

                For Petitioner  :SRI.R.RAJASEKHARAN PILLAI

                For Respondent  :SRI.V.V.SURESH, ADDL.CGSC

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :05/07/2007

 O R D E R



                              KURIAN JOSEPH, J.

                  ---------------------------------------

                      W.P. (C). NO. 16005 OF 2004

                    ---------------------------------------

                   Dated this the 5th day of July, 2007.


                                   J U D G M E N T

This writ petition is filed mainly with the following prayer:

I. Issue a writ of mandamus or other appropriate

writ order or direction commanding the respondents to

consider the claim of the petitioner for compassionate

appointment of the petitioner under them as

expeditiously as possible by providing employment for

the petitioner anywhere in the territory of India in any

Group ‘D’ post.

2. It is seen that this Court has made it clear in several

judgments that the application for compassionate appointment

should be considered in accordance with the policy, prevailing at

the time of the occurrence of the cause of action or atleast at the

time of filing the application. One such judgment is dated

06.12.2006 in W.P.(C) No. 34668/2003. This writ petition is

disposed of as follows.

There will be a direction to the competent authority to

consider Exhibit P6 representation for compassionate

appointment in accordance with law, ignoring the objection that

W.P. (C). 16005/04 2

the same cannot be considered in view of the change in the

policy. Needful shall be done within a period of three months

from the date of production of a copy of this judgment.

KURIAN JOSEPH, JUDGE.

smp