IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37380 of 2004(Y)
1. SREEKUMARI. V., D/O. EX.GS-121709L OEM
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
For Respondent :SRI.V.E.ABDUL GAFOOR, ADDL.CGSC
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/06/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 37380 OF 2004 (Y)
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Dated this the 29th day of June, 2010
J U D G M E N T
Petitioner’s father late Sri.Gopinathan Pillai, was a Bull Dozer
operator in the General Reserve Engineering Force (GREF for
short). On 11th of November, 1988, while he was operating a
Dozer to clear the debris of a land slide for providing passage to
Army vehicles at Arunachal Pradesh, due to unexpected land
sliding, he was injured and he succumbed to injuries. On 28th of
March 1990, late Gopinathan Pillai was awarded “Keerthi Chakra”
posthumously.
2. On attaining majority, the petitioner, daughter of late
Sri.Gopinathan Pillai, submitted Ext.P2 application for
employment assistance. The application was finally rejected by
Ext.P6 dated 7/10/2002. Further request made was also
considered and rejected by Ext.P8. It is challenging Exts.P6 and
P8 and for a direction to the respondents to appoint the petitioner
in any suitable vacancy recognising the gallantry award conferred
on her deceased father, the writ petition is filed.
3. At the outset, it should be stated that in the additional
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counter affidavit filed on behalf of respondents 1 and 3, it is seen
that the petitioner’s mother nominated a nephew of the
deceased, and GREF appointed Sri.Prasad, his nephew as Pioneer
on 10th of November, 1989. Therefore, one of the nominees of the
wife of the deceased has already been given employment in the
GREF, the organization where the deceased was working.
4. In so far as the claim made by the petitioner against
respondents 1 to 3 are concerned, according to the State
Government, the scheme for providing employment assistance to
dependants of defence personnel killed/disabled/missing in
action is confined only to those killed and disabled in action or
disabled while in operation areas due to high altitude or adverse
climatic conditions or due to accidents arising during peace time
conditions. It is stated that in so far as GREF and BSF personnel
are concerned, a certificate from the military authority confirming
that the person concerned was on military duty should be
produced to consider the request for employment. It is stated
that even if it is accepted that inspite of the appointment given by
GREF to one of the nominees, the application of the petitioner
could have been considered in terms of the scheme, which
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requires production of the certificate mentioned above. It is
stated that not only that the death of Sri.Gopinathan Pillai was not
in the circumstances provided for in the scheme, but also the
certificate of military duty was not produced. It is therefore
stated that even going by the terms of the scheme, petitioner
could not have claimed employment.
5. There is nothing to contradict the averments in the
counter affidavit. In such circumstances, going by the averments,
the petitioner is ineligible under the scheme.
Therefore, the writ petition is only to be rejected and I do so.
ANTONY DOMINIC, JUDGE
Rp