IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29064 of 2010(G)
1. BIJITH.S,PLANT OPERATOR/ELECTRICIAN
... Petitioner
Vs
1. KERALALIVESTOCK DEVELOPMENT BOARD
... Respondent
2. THE MANAGING DIRECTOR,
3. SECRETARY,
4. GOVERNMENT OF KERALA,
For Petitioner :SRI.S.ARUN RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/09/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 29064 of 2010
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Dated this the 22nd day of September, 2010
J U D G M E N T
The petitioner is the son of late K. Sasidharan who died
while in the service of the 1st respondent. The
1st respondent has adopted the Compassionate Employment
Scheme framed by the Government for giving employment
to dependants of persons who die-in-harness. As a
dependant of late K. Sasidharan the petitioner applied for
appointment to the post of Junior Operational
Superintendent in the staff category under the Scheme.
According to the petitioner, his qualification, namely,
Diploma in Electrical Engineering is sufficient qualification
for that post. By Ext.P1 letter dated 20.03.2001 the
petitioner was offered the post of Plant Operator under the
worker category. He was directed to submit his written
willingness for that post. According to the petitioner,
although he was eligible to be appointed as Junior
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Operational Superintendent, because of the financial
difficulties faced by the family at that time the petitioner
was forced to accept that post. Thereafter the petitioner
represented for appointment in the post of Junior
Operational Superintendent, which has not been considered
favourably. It is under the above circumstances the
petitioner has filed this writ petition seeking the following
reliefs:
“i) To call for the records leading to the issuance of Exhibit
P-13 decision of the 3rd respondent and to quash the
same by issuing a writ of certiorari;
ii) To issue a writ of mandamus directing the respondents to
appoint the petitioner to the post of Junior Operational
Superintendent in the staff category with effect from
1-8-2002;
iii) to issue a writ of mandamus directing the respondents to
appoint the petitioner in the establishment category, on
the basis of the petitioner’s qualification, as per Exhibit
P-2 staff structure approved by the Government.”
As per the Compassionate Employment Scheme framed
by the Government, it is specifically stipulated that, once an
offer of appointment to a post is accepted by the dependant,
he cannot later seek appointment to a higher post or seek
change of category. The petitioner has accepted the post
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offered to him as early as in 2001, fully knowing the
consequences of accepting the same. That being so, the
petitioner cannot now raise a claim for appointment to a
different post or a higher post. In the above circumstances,
I do not find any merit in the writ petition. Accordingly the
same is dismissed. The other contentions regarding other
service benefits raised by the petitioner are left open to be
agitated before the respondents appropriately.
S. SIRI JAGAN
JUDGE
shg/