STATE OF KERALA Vs. BABU PETER

JUDGEMENT

(1.) This Writ Appeal raises a question under the 'Dying in Harness Scheme' issued by the State of Kerala. The appeal is preferred by the State against the judgment of the learned single Judge in O. P. No. 6316 of 1988 dated 16-8-1991 allowing the writ petition along with certain other writ petitions. We have today allowed the connected Writ Appeals Nos. 464, 486 and 590 of 1992 arising out of the other Original Petitions, allowed by the same common Judgment. But as the point arising in this appeal is slightly different, though certain general principles are common, we have thought it fit to deal with this appeal separately.

(2.) The Writ petitioner respondent, Sri Babu Peter was born on 28-5-1961. He is the son of late K. M. Pathrose, who died in harness on 7-7-1970 while working as Lecturer in Physical Education in the Maharaja's College, Ernakulam. At that time, the petitioner was a minor and he attained majority on 28-5-1979. The petitioner's mother was a P. D. teacher but she retired from service on 31-3-1984. The petitioner having become a major on 28-5-1979 initially applied on 31-7-1979 -- before his mother's retirement for employment under the scheme then in force. His mother submitted another application on his behalf on 13-10-1980. But the Director of Collegiate Education through whom the application has to be submitted, declined to forward the applications by his letter Ext. P1 dated 24-9-1982 on the ground that -- on account of the petitioner's mother's employment the family income was above Rs. 6000/- per annum, that being the then ceiling.

(3.) If the matter had ended there, there would have been no problem. But after the petitioner's mother retired from service on 31-3-1984, he filed a fresh application Ext. P2 on 22-9-1986 seeking condonation of delay by the Chief Minister, as provided in Clause.30 of the G.O. (P) No. 64/86/GAD dated 28-2-1986, stating that his mother has since retired and that taking her income after retirement, i.e. pension etc., the same was only Rs. 6560/- which was within the enhanced ceiling prescribed in Clause.15 of G.O. (P) No. 34/87/P & ARD dated 17-12-1987 for the cases of Government servants dying on or after1-1-1982. Petitioner relies on the Note below Clause.15 which gives to minors, three years from the date of attaining majority in cases where the Government servant died on or after 1-7-1983 to seek the job without any ceiling on family Income. He questions the validity of the cut off date 1-7-1983. In the present case, the petitioner became a major on 28-5-1979 and could apply before 28-5-1982 and he could seek extension of time under Clause.35 of the 1987 G.O. by the Chief Minister to enable him to apply later. If such extension is granted, he could claim the benefit of Note to Clause.15 of G.O. (P) 34/87P & ARD dated 17-12-1987 provided the date 1-7-1983 in the Note to Clause.15 is struck down so that there would be no income limit.