Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 2ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944 PETITIONER: THARA AGED 46 YEARS W/O LATE BAIJU, PALATHARAYIL, UMBERNADU, THEKKEKKARA VILLAGE, MAVELIKKARA, ALAPUZHA, KERALA. BY ADV ARUN BABU RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001. 2 DIRECTOR GENERAL, BORDER SECURITY FORCE,BLOCK NO.1, CGO COMPLEX,LODHI ROAD,NEW DELHI-110003. 3 THE DEPUTY INSPECTOR GENERAL OF POLICE, BSF,VALLAKADAVU.P.O,THIRUVANANTHAPURAM-695316. 4 ASST. COMMANDANT(MIN) PERSONAL DIRECTORATE (RECRUITMENT SECTION) MINISTRY OF HOME AFFAIRS, DIRECTORATE GENERAL BORDER SECURITY FORCE, BLOCK NO.10, 8TH FLOOR, CGO COMPLEX, COMPLEX, LODHI ROAD, NEW DELHI-110003. 5 DIRECTOR(ESTT).DOPT, MINISTRY OF PERSONNEL DEPARTMENT OF PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI-110001. 6 COMMANDANT, 03 BATTALION, BORDER SECURITY FORCE THROUGH DIRECTOR GENERAL, BORDER SECURITY FORCE, BLOCK NO.1, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003 SRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.MANU S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 2nd day of June, 2022 This writ petition is filed challenging Ext.P4 order of rejection of request preferred by the petitioner for compassionate appointment. The learned counsel for the petitioner submits that the petitioner is the widow of the employee and therefore, the upper age limit prescribed for appointment will have no application to her.
2. Though a counter affidavit has been placed on record, I find that a
Division Bench of this Court in W.A. No.1394/2020 by judgment dated 07.04.2021 has already considered the issue and has held that the competent authority in the Ministry of Home Affairs, Government of India retains the power to relax the upper age limit in case of compassionate employment and therefore, the rejection in the case of a widow aged 40 years is untenable. The application for compassionate appointment of the widow was therefore directed to be reconsidered within six weeks.
3. This Court has specifically held that an application submitted by a
widow would be liable to be considered without reference to the upper age limit prescribed. In the above view of the matter, this writ petition is allowed. Ext.P4 is set aside. There will be a direction to the competent authority under the respondents to consider the request of the petitioner for appointment under the compassionate appointment scheme without reference to the upper age limit. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 199/2020 PETITIONER’S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LETTER DATED 08/04/2017 SENT BY THE 6TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE LETTER DATED 12/10/2017 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF CERTIFICATE DATED 07/11/2019 ISSUED BY THE TAHASILDAR,MAVELIKARA TALUK OFFICE EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED 16.03.2018 SENT BY THE FHQ BSF RECRUITMENT SECTION EXHIBIT P5 THE TRUE COPY OF THE ORDER MHA(PERS-II)U.O NO.1-45020/3/2015 PERS-II DATED 30.04.2015 EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 11.09.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 THE TRUE COPY OF THE OFFICE MEMORANDUM DATED 16.01.2013 ISSUED BY THE DEPARTMENT OF PERSONAL AND TRAINING. EXHIBIT P8 THE TRUE COPY OF THE RELEVANT PAGES OF
'FREQUENTLY ASKED QUESTIONS(FAQS)ON COMPASSIONATE APPOINTMENT TAKEN FROM THE WEBSITE OF DEPARTMENT OF PERSONAL AND TRAINING
EXHIBIT P9 THE TRUE COPY OF THE AFFIDAVIT DATED 28/09/2017 EXECUTED BY THE PETITIONER AND SUBMITTED BEFORE THE BSF AUTHORITIES EXHIBIT P10 THE TRUE COPY OF THE ORDER DATED 20.09.2018 ISSUED BY THE MINISTRY OF RAILWAYS. EXHIBIT P11 THE TRUE COPY OF THE DISCHARGE SUMMARY DATED EXHIBIT P12 THE TRUE COPY OF THE REPRESENTATION DATED MINISTER OF THE MINISTRY OF HOME AFFAIRS. EXHIBIT P13 THE TRUE COPY OF THE RELEVANT PAGES OF
ADVERTISEMENT DATED 07.07.2021 BEARING NO.338/RC/SSB/HC (MIN/2020) ISSUED BY MINISTRY OF HOME AFFAIRS EXHIBIT P14 THE TRUE COPY OF THE RELEVANT PAGES OF THE OFFICE MEMORANDUM F.NO.43019/9/2019-ESTT.(D) DATED 23.08.2021 ISSUED BY THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE AND PENSIONS EXHIBIT P15 THE TRUE COPY OF THE RELEVANT PAGES OF THE OFFICE MEMORANDUM BEARING NO.14014/6/94-ESST(D) DATED 09.10.1998 ISSUED BY THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE AND PENSIONS. RESPONDENTS’ EXHIBITS: NIL