E.V.Swapna vs State Of Kerala on 4 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3761 of 2009(W)


1. E.V.SWAPNA, "SREESIVAM",
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.S.M.PREM

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :04/02/2009

 O R D E R
                        T.R. Ramachandran Nair, J.
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                         W.P.(C). No.3761/2009-W
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  Dated this the 4th day of February, 2009

                           J U D G M E N T

The petitioner is the widow of Sri.Asok Kumar, who was an

employee of Thiruvananthapuram Corporation. He was appointed as Anti-

Mosquito Worker as per order dated 26/09/2003.

2. He was involved in a criminal case alleging offence under

Section 138 of the Negotiable Instruments Act, 1881, which led to his

conviction for a period of eight months along with a fine of Rs.3,50,000/-.

The judgment of the Trial Court was challenged in Crl.A.No.442/2007

before the Sessions Court, Thiruvananthapuram. But by invoking the

provisions under Kerala Civil Services (Classification, Control and Appeal)

Rules, 1960 he was removed from service.

3. He died due to Cardiac Arrest on 03/05/2008 (Ext.P2). He is

survived by the petitioner being the widow and two minor children aged 4

and 5 respectively apart from the old mother, aged 61 years. Ext.P3 is the

legal heir certificate produced by the petitioner which is published in the

gazette notification dated 28/10/2008.

4. Seeking for an appointment under the dieing-in-harness

scheme, the petitioner has filed Ext.P4 representation before the second

W.P.(C) No.3761/2009
-:2:-

respondent. This writ petition is filed, since so far the respondents have not

taken any action on Ext.P4.

5. Heard the learned Standing Counsel for the second respondent

and the learned Government Pleader. There will be a direction to the

second respondent to consider the application, Ext.P4 under the scheme for

appointment for heirs of employees dieing-in-harness. Appropriate orders

shall be passed within a period of two months from the date of receipt of the

copy of this judgment after hearing the petitioner.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

ms