STATE OF KERALA Vs. ABHIDEV.S

JUDGEMENT

(1.) The Government of Kerala formulated a scheme to provide employment assistance in the State Service to the dependents of Defense Personnel and GREF/BSF Personnel, vide its order dtd. 29/4/2002. However, no such benefit was extended to the dependents of Personnel in the Central Reserve Police Force (CRPF). It appears that this was originally formulated in tune with a Central Government Scheme. Thereafter, the Central Government, by its decision dtd. 6/8/2004, extended the benefits to the dependents of Personnel in CRPF, Border Security Force, Central Industrial Security Force, Indo Tibetan Border Police Force, National Security Guard etc. However, the Government of Kerala did not amend its scheme as done by the Central Government.

(2.) Sri.Abhidev S., the respondent herein, is the son of one late Sahadevan, who was a CRPF Constable and was killed in an encounter with the militants in the State of Jammu and Kashmir. He died on 19/2/1999. Sri.Abhidev was a two-year-old minor at that time. When he became major, he approached the State Government for employment assistance under the Compassionate Employment Scheme. This was rejected as per order dtd. 16/9/2015, stating that Compassionate Employment Scheme under the State Government is not applicable to the personnel died while employed with CRPF. Sri. Abhidev, then approached the Kerala Administrative Tribunal; and the Tribunal, on 29/8/2017, noting that he has already moved the Government with a representation to include CRPF in the Scheme, directed the Government to take a decision. However, the Government rejected his request. Thereafter, Sri.Abhidev again moved the Tribunal by filing OA(EKM) No.332 of 2018 and the Tribunal rejected his challenge, noting that no such Scheme exists to extend to the dependents of personnel engaged with CRPF. Sri.Abhidev, then moved this Court in OP(KAT) No.138 of 2019; and this Court set aside the order of the Tribunal and directed the Government to consider the inclusion of CRPF in the light of the decision of the Central Government to include CRPF in the Scheme. The Government, then acting upon the direction of this Court, issued a Government Order dtd. 7/6/2019, including CRPF for extending the benefits under the Compassionate Employment Scheme. However, the request of Sri.Abhidev was rejected by the Government by an order dtd. 28/10/2020, stating that the Government Order is having only prospective effect and it cannot be claimed retrospectively. This was challenged by Sri.Abhidev before the Tribunal. The Tribunal allowed the claim, holding that the delay in issuing Government Order extending the benefit of Compassionate Employment Scheme cannot stand in the way of Sri.Abhidev in claiming compassionate employment before the Government. Aggrieved by this, the State has come up before this Court.

(3.) Heard learned Government Pleader and learned counsel for the respondent.