SREEJITHA P S Vs. PRINCIPAL AND CONTROLLING OFFICER

JUDGEMENT

(1.) The questions involved in this Writ Petition are:

(2.) The petitioners applied to the post of Tutor in Materia Medica in Government Homoeopathic Medical College services on the basis of Ext. P1 notification dated 26/11/2002. Ext. P1 shows that the number of vacancy was one. Ext. P2 rank list was published on 21/07/2005. The petitioners are respectively Rank Nos. 4 and 5 in the main list. It is stated by the petitioners and it is not disputed by the respondents that from Ext. P2 list, Rank No. 1 in the main list and a candidate from the supplementary list were appointed.

(3.) It is stated that respondents 3 and 4 were appointed as Tutors in Materia Medica, not as per a rank list published by the Public Service Commission but by direct appointment under the dying in harness scheme (Compassionate Employment Scheme). The third respondent's father was working as Under Secretary in Kerala Public Service Commission. He died on 17/08/1996. The third respondent applied for employment assistance under the compassionate employment scheme on 12/07/1997. At that time, the scheme in force was that of the year 1995. The third respondent was appointed on 19/09/2002. The fourth respondent's father was the Head Accountant in the Treasury Department. He died on 12/05/1991. The fourth respondent applied for employment assistance under the Compassionate Employment Scheme on 23/01/1998 and she was appointed on 18/11/2003.