Kerala High Court
Shaji.P vs The Director on 3 March, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
WP(C).No.18629 OF 2011(C)
PETITIONER:
SHAJI.P
AGED 38 YEARS,
S/O LATE P CHANDRAN,
RESIDING AT SHAJI NIVAS, MADATHILPARAMBA,
P.O.EDAKKAD, PUTHIYANGADI, KOZHIKODE.
BY ADV. SRI.V.N.RAMESAN NAMBISAN
RESPONDENTS:
1 THE DIRECTOR, FISHERIES DEPARTMENT,
THIRUVANANTHAPURAM,
PIN 695 001.
2 THE GENERAL MANAGER
MATSYAFED,
(A GOVERNMENT OF KERALA UNDERTAKING),
KAMALESWARAM, MANACAUD PO,
THIRUVANANTHAPURAM-9.
3 THE TAHSILDAR
KOZHIKODE,
PIN 673 001.
4 ADDL. R4 P.SHANOJ,
CHANDRODAYAM, UZHUTHAL PARAMBA, P.O.EDAKKAD,
KOZHIKODE DISTRICT, PIN - 673 005.
ADDL. R4 IS IMPLEADED AS PER ORDER DATED 09/08/2011
IN IA.NO.11482/2011.
BY GOVERNMENT PLEADER
BY ADV. SRI.P.V.KUNHIKRISHNAN
BY ADV. SRI.G.SANTHOSH KUMAR P.
BY ADV. SRI.GEORGE POONTHOTTAM SCMATSYAFED
BY SRI.T.P.PRADEEP, SC, MATSYAFED
BY ADV. SRI.P.V.ANOOP
SRGP.SMT.REKHA.C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18629/2011
.
.
JUDGMENT
Petitioner is one of the sons of late Chandran, who died while in service under the 2nd respondent, Matsyafed, on 01.08.2007, who was working as an Operator. It is stated that late Chandran left behind him the widow, mother and three children including the petitioner. It is stated that Ext.P3 application dated 23.01.2008 was submitted before the 2nd respondent requesting for compassionate employment and by Ext.P4 order it was rejected stating that the application submitted by married sons or daughters are not eligible for appointment on compassionate ground. The petitioner thereupon filed WP(C) No.35706/2009 and this Court held that application cannot be rejected on the ground of marriage of applicant and the 2nd respondent was directed to take a fresh decision. It is stated that on the basis of the direction issued the petitioner had submitted Ext.P6 dependancy certificate. But it was again rejected as per Ext.P7 letter on the ground that the dependancy certificate was already cancelled by Thahsildar since there is a dispute between the legal heirs of the deceased. This Writ Petition is filed in the above circumstances W.P.(C) No.18629/2011 :3: challenging Exts.P7, P10 and P12 and seeking a direction to consider the claim of petitioner for appointment. Ext.P10 is the cancellation of dependancy certificate by the Thahsildar and Ext.P12 order is an order passed by the Director of Fisheries rejecting the application of petitioner for compassionate employment. The dependancy certificate is cancelled on the basis of the disputes raised by the sibling of petitioner. Therefore it cannot be said that the cancellation is illegal.
2. Respondents have filed counter affidavit.
3. As per rules only a dependent is eligible for compassionate appointment. In case disputes between family members are over and petitioner produces a dependancy certificate, respondents 1 and 2 shall consider the same in accordance with law.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
W.P.(C) No.18629/2011
:4:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE
FATHER OF THE PETITIONER.
EXHIBIT P2 TRUE COPY PETITIONER'S S.S.L.C CERTIFICATE
ISUED BY THE SECRETARY, BOARD OF EXAMINATION, KERALA DATED 19-9-2009.
EXHIBIT P3 TRUE COPY OF THE PETITIONER'S APPLICATION DATED 23-01-2008 FOR EMPLOYMENT ON COMPASSIONATE GROUND.
EXHIBIT P4 TRUE COPY OF ORDER NO.MATSYAFED/E1/4613/07 DATED 19-8-2009 REJECTING EXHIBIT P3 APPLICATION EXHIBIT P5 TRUE COPY OF JEDGMENT DATED 11-12-2009 IN W.P © NO.35706/09 EXHIBIT P6 TRUE COPY OF CERTIFICATE NO.K1/51438/10 DATED 8-10-2010 ISSUED BY THE TAHSLDAR, KOZHIKODE EXHIBIT P7 TRUE COPY OF THE ORDER NO.MATSYAFED/E1/5508/09 DATED 5-2-2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF LETTER DATED 16-2-2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 19-11-2010 SENT BY THE SHANOJ, BROTHER OF THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF CANCELLATION ORDER NO.K.I.58229/2010 DATED 28-12-2010. EXHIBIT P11 TRUE COPY OF THE CONSENT LETTER DATED 23-1- 2008 ISSUED BY THE YOUNGER BROTHER OF THE PETITIONER.
EXHIBIT P12 TRUE COPY OF REJECTION ORDER DATED 26-3-2011. EXHIBIT P TRUE COPY OF THE APPLICATION DATED 22-8-2007 16 JOINTLY SUBMITTED BY ALL LEGAL HEIRS. RESPONDENTS' EXHIBITS W.P.(C) No.18629/2011 :5: EXT.R5A: TRUE COPY OF STATEMENT DT.24.11.10 OBTAINED BY PERSONNEL MANAGER AT THE OFFICE OF THE DISTRICT MANAGER, MATSYAFED EXT.R2A: TRUE COPY OF THE COMMUNICATION NO.F3-13518/08 DT.31.1.11 EXT.R1A: TRUE COPY OF THE ORDER NO.K1/56229/10 DT.28.12.10 EXT.R1B: TRUE COPY OF THE LETTER NO.F3-13518/08 DT.31.1.11 EXT.R4A: TRUE COPY OF THE LAWYER NOTICE SENT ON 5.6.10 BY THE DEPONENT