IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33127 of 2009(I)
1. DEEPA.P.M, D/O.LATE C.K.MOHANAN,
... Petitioner
2. A.JOSE, S/O.LATE JANE.A,
3. SWAPNA SOMAN, D/O.LATE M.K.SOMARAJAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SECRETARY TO GOVERNMENT,
3. THE SECRETARY TO GOVERNMENT,
For Petitioner :SRI.K.JAJU BABU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/11/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.33127 OF 2009 (I)
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Dated this the 18th day of November, 2009
J U D G M E N T
Petitioners are dependents of deceased Government
employees, claiming appointments on compassionate ground. Their
claims have been rejected by Exts.P2, P4 and P6 orders of the first
respondent, on the ground of marriage.
As rightly pointed out by the counsel for the petitioners, in
cases identical to this, this court has already taken a view that
marriage by itself will not deprive the candidates of their right to
get appointment on compassionate ground.(see St. Ignatius High
School V. State of Kerala (2005(3)KLT 1000), Ashkarali V. State of
Kerala (2009(1)KLT SN 17 case No.18). Counsel also places reliance
on Exts.P7 and P8 Government Orders in this connection. It cannot
be disputed that this court has already held that marriage by itself
will not deprive the claimants of their right to employment on
compassionate grounds.
Therefore, Exts.P2, P4 and P6 are liable to be set aside and I
do so. First respondent is directed to reconsider the claim of the
petitioner duly averting to the dependency factor and pass fresh
WPC.No.33127 /09
:2 :
orders as expeditiously as possible and at any rate within 8 weeks
from the date of production of a copy of the judgment.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/