G. ANITHA Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The request of petitioner for employment assistance under the dying-in-harness scheme was rejected by the Government by Ext. P-4 order. That is under challenge in this O.P.

(2.) Petitioner's mother was a Government servant employed as a Head Clerk in Public Health Engineering Department. She died in harness on 31-8-1971. She had more than 15 years' of service. Petitioner was a minor at the time of her mother's death. Though she had time till 23-7-1984 to present the application, she was disabled on account of the income limit prescribed by the rules. Government by G.O. No. 424/86 dated 31-10-1986 removed the income limit with a condition that there was no modification in cases relating to those (who) died prior to 1-7-1983. By a later Government Order dated 15-6-1987 minor dependants of Government servants who died prior to 1-7-1983 were also eligible for making application under the scheme on or after 1-7-1983 on attaining majority or within the permission period of three years after attaining majority. Major eligible dependants of Government servants who died prior to 1-7-1983 and who can make their applications on or after 1-7-1983 during the permissible period of one year after death will also be eligible. Applicants of these two categories whose applications were rejected solely on the ground of income limit and those who refrained from making applications solely because of the income limit were given time till 30-6-1987 for making fresh applications. Petitioner sought employment assistance on the basis of this Government Order and presented Ext. P-2 petition dated 22-6-1987. A reminder was also sent on 4-4-1988 followed by a lawyer's notice. An original petition was filed before this Court as O.P. 7807/1988 wherein this Court directed the 1st respondent to consider the petitioner's application. It was thereafter that the impugned order Ext. P-4 was passed by the 1st respondent.

(3.) On behalf of the 2nd respondent a counter-affidavit was filed stating that petitioner is not eligible for seeking employment assistance. No counter-affidavit is seen filed by the 1st respondent.