High CourtsSingle Bench(2023) 05 KL CK 0182

Asha Devi vs Institute Of Human Resources Development

High Court Of Kerala · Decided on 24 May 2023

HON’BLE JUDGES
Devan Ramachandran, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 8265 Of 2012

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Judgment

6 paragraphs · 198 words

Devan Ramachandran, J

1.

This is a case where the petitioner seeks compassionate appointment, consequent to the death of her mother in the year 2010, asserting that she is fully dependent upon her.

2.

However, it is conceded by Smt.Thulasi Raj – learned counsel for the petitioner, without any reservation, that the petitioner was married much prior to the death of her mother and that her husband was also gainfully employed.

3.

Going by the judgment of the Honourable Supreme Court in Fertilizers and Chemicals Travancore Ltd. v. Anusree K.B. [AIR 2022 SC 4766] the sine qua non for a claim for compassionate appointment to be favourably considered is the immediate financial requirement of the claimant.

4.

Pertinently, this matter has been pending before this Court for the last twelve years without any orders and there is no explanation, through further pleadings, as to the present fiscal scenario with respect to the petitioner. This is relevant more so because, as I have already said above, she is married and living with her husband.

In the afore circumstances, I am afraid that this Court cannot come to the aid of the petitioner, This Writ Petition is, therefore, closed .