IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15982 of 2008(C)
1. JOSEPH.T., KILLIYANTHARA PADEETTATHIL
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. THE PUBLIC WORKS DEPARTMENT, REP. BY
3. THE ASST.ENGINEER,
For Petitioner :SMT.S.KARTHIKA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/10/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.15982 OF 2008 (C)
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Dated this the 29th day of October, 2009
J U D G M E N T
Petitioner claims to be the son of C. Thankappan @
Thankachan, who was a Part Time Sweeper in the office of the 3rd
respondent. Sri. Thankappan expired on 7.10.2005, after
rendering about 22 years of service. Petitioner thereafter
submitted Ext.P1 application for employment under the dying in
harness scheme. That was considered and rejected by Ext.P4
order dated 15.4.2008 stating that married sons and daughters
are not considered as dependents of the Government Servant
who died in harness and hence are excluded from the purview of
the scheme. It is challenging this order that the writ petition is
filed.
In the cases of similar nature, as already held, marriage by
itself will not render one ineligible to claim employment under
the dying in harness scheme. In Ext.P4 the only reason stated for
rendering the petitioner ineligible for the benefit of the scheme is
marriage and having regard to the judgments of this court, the
reasoning adopted in Ext.P4 cannot be upheld. Reference in this
WPC.No.15982 /08
:2 :
connection is made to Ashkarali V. State of Kerala (2009(1)
KLT S.N.17).
Therefore, Ext.P4 will stand set aside and the first
respondent is ordered to reconsider the matter duly adverting
the dependency factor and decide on Ext.P4. This shall be done as
expeditiously as possible and at any rate within two weeks from
the date of production of a copy of the judgment before the first
respondent.
Writ petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/