RAGHU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner's mother Smt.Vinodini sustained an injury on 10-12-1987 and succumbed to it two days thereafter. She had been working as Headmistress of a Government Lower Primary School. Petitioner applied for employment under the dying in harness scheme on 31-12-1987. The application was forwarded by 1st respondent to 2nd respondent. As per communication dt.29-8-1988 petitioner was informed that his claim for employment assistance could not be considered since his mother died during the period of extension of service, her normal date of superannuation being 6-9-1987. A representation was again made on 6-4-1989, but that also was rejected as per Ext. P3. Petitioner seeks a writ of certiorari quashing Exts. P1, P2 and P3 orders and for a direction to respondents to provide employment under the dying in harness scheme.

(2.) On behalf of respondents a counter affidavit was filed contending that petitioner's mother died after she attained the age of 55, her date of birth being 7-9-1982. Being a teacher she could continue in service upto the close of the academic year. The period of service from 7-9-1987 to 31-3-1988 would be treated as extension of service granted by the Government as a concession. Respondents therefore requested to sustain the order of rejection.

(3.) Heard counsel for petitioner and Govt. Pleader.