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The Travancore Devaswom Board vs Sindhu on 8 December, 2006

Kerala High Court
The Travancore Devaswom Board vs Sindhu on 8 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 49 of 2006()


1. THE TRAVANCORE DEVASWOM BOARD,
                      ...  Petitioner
2. THE ASSISTANT ACCOUNTS OFFICER,

                        Vs



1. SINDHU, AGED 33 YEARS,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED

                For Petitioner  :SRI.ANCHAL C.VIJAYAN

                For Respondent  :SRI.P.S.NARAYANA RAJA

The Hon'ble the Chief Justice MR.V.K.BALI
The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :08/12/2006

 O R D E R
                V.K. BALI, C.J.   &   S.SIRI JAGAN, J.

                       -------------------------------

                               W.A.No.49 of 2006 &

                             C.M.Appln.No.82 of 2006

                       -------------------------------

            Dated, this the   8th  day of  December,  2006


                                 JUDGMENT

V.K.Bali,C.J.(Oral)

Delay condoned.

2. This writ appeal has been filed challenging the order

dated 29th August, 2005 passed by the learned Single Judge in

W.P.(C) No.23180 of 2005. Petitioner in the original lis and the

first respondent in the present writ appeal sought appointment

on compassionate grounds. It is the case of the petitioner that

her brother Sreekumaran Namboodiri who was an employee of

the Devaswom Board died in harness. Her application was

rejected by the competent authority vide order Ext.P2 dated

26.4.2005. It was stated in the order that the petitioner is

married and that being so she would not be entitled for

appointment on compassionate grounds because of the demise of

her brother under the Scheme. It is this order that was

challenged by the petitioner. Clause 6(5) of the Dying-in-

Harness Scheme reads as follows:

W.A.No.49/2006 2

“An unemployed married son or any

unemployed married daughter whose spouse is also

unemployed can also be considered for appointment

under these rules, provided the other dependents of

the deceased Devaswom employee are being looked

after by him/her.”

3. It is apparent from a reading of the clause aforesaid that

an unemployed married son or unemployed married daughter

whose spouse is also unemployed would be entitled for

consideration under the Scheme. Even though by virtue of clause

6 relied upon by the learned Single Judge she may be under the

category of eligible relations entitled to compassionate

appointment, but the case of the sister cannot be better than that

of son and daughter. It is conceded position that the husband of

the petitioner is an employee. That being so, petitioner is not

entitled for appointment on compassionate grounds. That apart,

the category of persons mentioned in the Scheme at the most

would be entitled for consideration for appointment on

compassionate grounds. The mere fact that they are entitled

would not automatically mean that they may necessarily be

employed. It is too well settled that compassionate appointment

is to be given to tide over the immediate crisis. Surely, the

W.A.No.49/2006 3

petitioner whose spouse being an employed person would not be

in immediate crisis. We find considerable merit in the appeal

preferred by the appellants and it is allowed. Consequently, the

order passed by the learned Single Judge is set aside and the writ

petition filed by the petitioner is dismissed. There will be no

order as to costs.

V.K. BALI,

CHIEF JUSTICE.

S.SIRI JAGAN,

JUDGE.

vns

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