High Court of KeralaSingle JudgeWrit petition disposed of with directions to re...

Farseena P.K. v State of Kerala and Others

Case / Petition Number:WP(C) 6212/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2022-02-24
Court Decision / Holding
Writ petition disposed of directing the 2nd respondent to reconsider the petitioner’s application for a Dependency Certificate, taking into account the judgment in Ashkarali K. (supra). The petitioner may adduce evidence to establish financial dependence on her late father, and a decision must be made within six weeks.
Final Disposition
Writ petition disposed of with directions to reconsider the Dependency Certificate application within six weeks based on financial dependence evidence and Ashkarali K. precedent.

Parties to the Case

Appellants / Petitioners

  • Farseena P.K., aged 25, daughter of Abdul Majeed (late)

Respondents

  • State of Kerala represented by Secretary, Government Secretariat, Thiruvananthapuram
  • Tahsildar, Tirur Mini Civil Station Building, Malappuram, Tirur
  • Village Officer, Vettom Village Office, Allissery, Tirur, Malappuram
  • SMT. Parvathy Kottol, G.P.

Legal Representation & Advocates

Counsels for Petitioners

  • • Nabil Khader
  • • Chithra C. Edadan
  • • Rafna Razak

Counsels for Respondents

  • • The Government Pleader

Case Synopsis & Summary

The petitioner, Farseena P.K., daughter of the late Abdul Majeed, who died while employed as a Pharmacist, seeks a Dependency Certificate to enable compassionate appointment under a Government scheme. She resided with her father despite being married, and her husband is abroad with no regular employment. The second respondent, Tahsildar, rejected her application for a fresh Dependency Certificate, concluding that because she is married and her husband is abroad, she cannot be considered a dependent of the deceased. The petitioner challenges this Ext.P4 order, arguing that dependency must be determined on actual financial reliance on the deceased rather than solely on marital status. The Government Pleader counters that the petitioner’s marriage and her husband’s overseas employment demonstrate she was not financially dependent, and that more than seven years have elapsed since her father’s death (2015), making the compassionate appointment unlikely under the scheme. The court cites Ashkarali K. v. State of Kerala and others, noting that mere marriage cannot be the deciding factor in dependency. It directs the Tahsildar to reconsider the application, after assessing whether the petitioner was financially dependent on her father until his demise, and to receive evidence accordingly. A decision is to be made within six weeks, with the ultimate appointment authority deciding eligibility.

Legal Doctrines & Maxims

  • Mere marriage status cannot be the deciding factor in dependency for compassionate appointment.
  • Dependency to be assessed based on actual financial dependence, with the Appointment Authority determining eligibility after evidence is weighed.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that dependency must be assessed on actual financial reliance on the deceased, irrespective of marital status. The Ext.P4 order appears to hinge on marriage rather than on financial dependence. Ashkarali K. v. State of Kerala (2009) is cited to support the position that mere marriage cannot determine dependency. The petitioner requests re-consideration by examining whether she was financially dependent on her father up to his demise and to permit submission of evidence; a decision is sought within a six-week period.

Contentions of Respondents

The respondents argue that the petitioner’s marriage and husband’s overseas employment indicate she was not financially dependent on her father; more than seven years have elapsed since the father’s death, diminishing relevance of dependency for compassionate appointment; Ext.P4 was correctly premised on the lack of dependency; the decision should rest with the Appointment Authority rather than the courts.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Ashkarali K. v. State of Kerala and others2009 KHC 4370PositiveThe court relies on Ashkarali K. to hold that mere marriage cannot be the sole factor determining dependency; the matter requires reassessment of dependency evidence.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 24[TH] DAY OF FEBRUARY 2022/5TH PHALGUNA, 1943** ## **WP(C) NO. 6212 OF 2022** ## **PETITIONER:** **FARSEENA P.K., AGED 25, D/O. ABDUL MAJEED (LATE), MADAPPALLY HOUSE, VETTOM, MALAPPURAM, TIRUR – 676 102.** **BY ADVS. NABIL KHADER CHITHRA C.EDADAN RAFNA RAZAK** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2 TAHASILDAR, TIRUR MINI CIVIL STATION BUILDING, MALAPPURAM, TIRUR – 676 101. 3 THE VILLAGE OFFICER, VETTOM VILLAGE OFFICE, ALLISSERY, TIRUR, MALAPPURAM – 676 102. SMT.PARVATHY KOTTOL, G.P.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.6212/2022 2 ## **JUDGMENT** Dated this the 24[th] day of February, 2022 The petitioner, who is the daughter of late Abdul Majeed who died while in service, working as a Pharmacist in Purathoor Community Health Centre, is before this Court seeking to direct the respondents to reconsider her application for Dependency Certificate. 2. The petitioner states that her father late Abdul Majeed was working as a Pharmacist in Purathoor Community Health Centre. The petitioner was residing with the father, though she was married. According to the petitioner, though her husband is abroad, he does not have regular work or job there. The petitioner is depending on her father for survival. 3. The petitioner wanted appointment on compassionate grounds due to the demise of her father. WP(C)No.6212/2022 3 The petitioner has to produce Dependency Certificate. Earlier, the Village Officer issued Ext.P2 Dependency Certificate on 12.08.2021. When the petitioner submitted an application for issuance of a fresh Dependency Certificate for the purpose of getting compassionate appointment, the 2[nd] respondent-Tahsildar rejected the said application as per Ext.P4 dated 09.12.2021, observing that since the petitioner is married and her husband is abroad, she cannot be considered as dependent of the deceased Abdul Majeed. Aggrieved by the said Ext.P4 order, the petitioner is before this Court. 4. The learned Government Pleader controverted all the material contentions made by the petitioner in the writ petition. The Government Pleader stated that though the petitioner was residing with her late father, the fact remains that she is married and her husband is working abroad. The said fact would itself establish that the petitioner was not WP(C)No.6212/2022 4 financially dependent on her father. 5. The learned Government Pleader further submitted that the petitioner is seeking a Dependency Certificate for the purpose of obtaining compassionate appointment. The petitioner's father died as early on 26.09.2015. More than seven years have elapsed. The Scheme for compassionate appointment has been brought to enable the dependents of deceased Government servants to overcome the immediate financial crisis arising out of the death of the Government servant. The application of the petitioner for compassionate appointment cannot be entertained after nearly seven years of the demise of her father. The writ petition is therefore without any merit, contended the learned Government Pleader. 6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. WP(C)No.6212/2022 5 7. The petitioner seeks issuance of Dependency Certificate for the purpose of compassionate appointment. The eligibility of the petitioner to get appointment on compassionate appointment is to be decided by the Appointment Authority as and when an application is made. The petitioner is seeking issuance of Dependency Certificate for the purpose of submitting application for compassionate appointment. 8. This Court has considered whether the mere status of a woman as married would decide the dependency factor. In the judgment in **Ashkarali K. v. State of Kerala and others** (2009 KHC 4370), this Court held that the mere status of marriage of a woman cannot be a deciding factor in the matter of dependency. 9. In the case of the petitioner, it is not clear whether the petitioner was financially dependent on her deceased father. Ext.P4 also does not disclose that the said aspect WP(C)No.6212/2022 6 was considered by the 2[nd] respondent. The conclusion contained in Ext.P4 was made solely based on marriage status of the petitioner. _Prima facie_ , the said conclusion is against the judgment of this Court reported in **Ashkarali K.** (supra). 10. In the circumstances, this Court is of the view that the 2[nd] respondent shall reconsider the application for Dependency Certificate submitted by the petitioner. A decision in that regard will have to be taken after ascertaining whether the petitioner was financially depending on her late father till his demise. In that view of the matter, the writ petition is disposed of directing the 2[nd] respondent to reconsider the application submitted by the petitioner for Dependency Certificate taking into consideration the judgment of this Court in **Ashkarali K.** (supra) also. The petitioner will be at liberty to adduce such evidence to establish that she was financially depending on WP(C)No.6212/2022 7 her father. A decision in this regard shall be taken within a period of six weeks. Sd/- **N. NAGARESH JUDGE** ncd/24.02.2022 WP(C)No.6212/2022 8 ## **APPENDIX OF WP(C) 6212/2022** ## **PETITIONER'S EXHIBITS** **Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER DATED 07.10.2015. Exhibit P2 THE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT HEREIN DATED 12.08.2021. Exhibit P3 THE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT HEREIN DATED 20.10.2021. Exhibit P4 THE COPY OF THE ORDER TO THE PETITIONER REJECTING THE APPLICATION BY THE 2ND RESPONDENT HEREIN DATED 09.12.2021. Exhibit P5 A TRUE COPY OF THE RATION CARD NO. 2054209776 DATED 27.11.2019.**