RAJILA T R Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the daughter of late Smt. C.K. Lakshmi, who was a Nursing Assistant in the Health and Family Welfare Department of the Government of Kerala. THE mother died on 29.5.2005. THE brother of the petitioner submitted an application for compassionate employment under the compassionate employment scheme of the Government in favour of dependents of Government servants who died in harness. That application is pending. Later, the brother wanted to withdraw the application in favour of the petitioner. By Ext. P5 order, the Government directed the brother of the petitioner to explain the circumstances leading to withdraw the application in favour of the petitioner. THE reason stated by the petitioner is that the brother is likely to be advised for appointment as Pump Operator in the Kerala Water Authority and that is why he wanted to withdraw the application in favour of the petitioner. But the Government has not permitted withdrawal of the application of the brother in favour of the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE learned Government pleader, on instructions, submits that the withdrawal of application in favour of another legal heir should also be submitted within the period of limitation prescribed in the scheme, which is two years from the date of death which has not been done in this case. He also points out that the Government Order on the subject has not been correctly reproduced in the law books and as per the original Government Order, it is specifically stipulated that the right to withdraw is restricted to within the time limit prescribed and before the job is accepted. He has also produced a gazette copy of the Government Order. Learned counsel for the petitioner would argue that the time limit prescribed in clause 26 of the claim cannot be the time limit prescribed in clause 19. In support of his contention, he points out that in clause 25, paragraph 19 is specifically referred to whereas in clause 26, paragraph 19 is not specifically mentioned. But what is stated is "within the time limit before the job is accepted." THErefore, according to the petitioner, withdrawal of the application can be at any time before the job is accepted. It is also submitted that the clause should be interpreted beneficially in favour of the applicant.