JITHAMOL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the wife of one Mr. Nikesh who died on 4. 7. 2001 while working as a Police Constable. She applied for appointment on compassionate grounds under the dying in harness scheme. Her application has been returned to her by Ext. P4 order dated 8. 7. 2002, on the ground that she did not forward the consent letter of other dependents for giving employment to her. She has been directed to get such a consent letter and forward the same along with the application.

(2.) THE appointment under the dying in harness scheme is governed by G. O. (P) No. 12/99/p&ard dated 24. 5. 1999. Clause. 14 (c) of the said G. O. reads as follows:- In the case of dependents other than widow/widower the consent of the widow/widower shall invariably be obtained. It means if the widow or widower is the applicant, there is no question of any consent of others. THErefore, the learned counsel for the petitioner submits that Ext. P4 is plainly ultra vires and unauthorised.