IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6315 of 2008(B)
1. GOPIKA.S., D/O.LATE V.R.RAGHAVAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF MUNICIPAL
3. THE SECRETARY, PUNALUR MUNICIPALITY,
4. THE HEAD MASTER, MUNICIPAL L.P.SCHOOL,
For Petitioner :SRI.T.S.RAJASENAN
For Respondent :SRI.B.KRISHNA MANI
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/05/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.6315 of 2008 (B)
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Dated, this the 27th day of May, 2010
J U D G M E N T
The petitioner states that her father was a Part Time Sweeper
in the Municipal L.P. School, Arampunna. He expired on
22/12/2003 while in service. Thereupon the petitioner submitted
Ext.P2 application seeking appointment as LDC under the dying in
harness category that was rejected by respondents 1 to 3 on the
ground that her father’s service will not come under the Municipal
Common Service. It is in these circumstances, the writ petition has
been filed.
2. The learned counsel for the petitioner has brought to my
notice that during the pendency of the writ petition, acting upon
Ext.P2 application of the petitioner, the Government had issued
letter dated 07/11/2008 requiring the District Collector, Kollam to
conduct an enquiry and submit a report as laid down in GO(P)
No.12/99/P&ARD dated 24/05/1999. It is stated that accordingly
enquiry was conducted and the District Collector has forwarded the
report to the Secretary to Government. The petitioner submits that
due to the pendency of the writ petition, the Government has not
WP(C) No.6315/2008
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taken any final decision in the matter and the application is still kept
pending.
3. From the letter produced by the learned counsel for the
petitioner it would appear that the District Collector was called upon
to conduct an enquiry as mentioned above and submit his report.
According to the learned counsel for the petitioner the enquiry has
been completed and the report is pending consideration of the
Government. In that view of the matter, at this stage, the grievance
of the petitioner will stand redressed if the Government took a final
decision on Ext.P2 application in the light of the report submitted by
the District Collector.
4. Therefore, I dispose of the writ petition directing the 1st
respondent to take a final decision on the application made by the
petitioner referred to in the letter dated 07/11/2008 referred to
above, in the light of the report obtained from the District Collector,
Kollam. This shall be done as expeditiously as possible, at any rate,
within three months of production of a copy of this judgment.
The petitioner shall produce a copy of this judgment before
the 1st respondent for compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
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