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SHAKEELA ASHRAF, AGED 38 YEARS versus STATE OF KERALA

High Court of Kerala

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SHAKEELA ASHRAF, AGED 38 YEARS v. STATE OF KERALA - WP(C) No. 12422 of 2007(D) [2007] RD-KL 12757 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12422 of 2007(D)

1. SHAKEELA ASHRAF, AGED 38 YEARS,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE PRINCIPAL SECRETARY,

3. THE DIRECTOR GENERAL OF POLICE,

4. THE DISTRICT COLLECTOR, ERNAKULAM.

5. THE COMMISSIONER OF POLICE,

For Petitioner :SRI.P.A.NOOR MUHAMMED

For Respondent : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

Dated :11/07/2007

O R D E R

K.BALAKRISHNAN NAIR,J.

W.P ( C) No. 12422 of 2007

Dated this the 11th day of July, 2007



J U D G M E N T

The petitioner is an applicant for appointment under the Dying-in-Harness scheme. She is the widow of a police constable who died in harness . She is having two minor children and is living with her aged and ailing parents. She has no other source of income. So she is in extreme need of appointment under the Dying-in-harness scheme. The petitioner's application has been accepted. The same was found in order and she has been informed that her application is registered on 10.9.2003 and as and when her turn arises she will be given appointment. This intimation was given by Exhibit-P9 dated 8.2.2007. The petitioner seeks to quash that intimation and prays for appointment immediately.

2. A statement has been filed on behalf of the 1st respondent, in which, it is submitted that only 5% of the vacancies to which direct recruitment is made are set apart for appointment under the Dying-in-Harness Scheme for the post of L.D.Clerk/L.D Typist/Peon. Since there are no vacancies in the W.P ( C) No. 12422 of 2007 2 Police Department, the matter has been reported to the General Administration Department, so that she could be appointed in some other department. She has opted to be appointed as L.D.Clerk. It is submitted that applicants registered upto September, 2001 for appointment to the post of L.D. Clerk alone were appointed. As and when the petitioner's turn arises, she will be appointed, it is submitted. The petitioner claims immediate appointment.

3. Normally, the appointment to public service is made after inviting applications and giving everyone a chance to apply for the post in view of Articles 14 and 16 of the Constitution of India. But in the matter of appointment on compassionate ground, the said procedure is waived and persons with basic qualification without anything more is granted appointment. But all the vacancies cannot be set apart for such appointments. Now only 5% vacancies are reserved to be filled up by candidates under the dying-in-harness scheme. The conditions of persons waiting in the queue ahead of the petitioner for appointment may be on more pathetic. This court is not justified in allowing the petitioner to jump the queue for the reason she W.P ( C) No. 12422 of 2007 3 has approached this court. Therefore, the claim of the petitioner cannot be granted. The petitioner's case shall be considered for appointment as and when her turn arises as promised in Exhibit- P9. Subject to that direction, the writ petition is closed.

(K.BALAKRISHNAN NAIR,JUDGE)

ma W.P ( C) No. 12422 of 2007 4

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

25th May, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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