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2022 DIGILAW 283 (KER)

Adarsh K. K. , S/o. Sivadasan. K. K. v. State Of Kerala Represented By The Principal Secretary, Revenue Department, Government Secretariat, Statue P. O. , Thiruvananthapuram

2022-03-24

N.NAGARESH

body2022
JUDGMENT : The petitioner is aggrieved by the non issuance of Dependency Certificate to him. 2. The petitioner's unmarried brother Deepak K.K. passed away on 30.08.2020. The late brother was working as a Lower Division Clerk in the Department of Revenue. The petitioner being the only brother, was depending his late brother financially. The petitioner wanted to make an application for compassionate appointment on the demise of the late brother. 3. The petitioner therefore submitted an application for Dependency Certificate. On 12.04.2021, after due enquiry, Ext.P5 report was filed, wherein it was reported that the petitioner was dependent on his brother. In spite of the report of the Village Officer, the 3rd respondent rejected the application for Dependency Certificate submitted by the petitioner stating that the petitioner was not completely dependent. 4. The petitioner submits that the stand taken by the respondents is illegal and arbitrary. The petitioner's father is a retired Bank employee. The petitioner stated that Ext.P3 Government Order does not require that the dependency should be a complete dependency. The action of the 3rd respondent in declining the certificate is therefore unjustifiable. 5. The 3rd respondent resisted the writ petition filing a Statement dated 28.01.2022. The 3rd respondent stated that in order to fulfil the mandatory requirement of Dependency Certificate for submission of application for dependency, the petitioner submitted an application for dependency showing that he was a dependent of late brother Deepak K.K. On enquiry, it was found that the petitioner was depending the petitioner's father also. On the basis of the report, a clarification was sought from the District Collector, Kannur on whether the petitioner is eligible to get Dependency Certificate. The District Collector intimated that the Dependency Certificate can be issued only if the Enquiry Officer is convinced that the petitioner is fully dependent on the deceased Government Servant at the time of death. 6. The Government Pleader submitted that the Dependency Certificate sought by the petitioner was intended to avail the benefit of compassionate appointment in Government Service. Since the certificate was sought for the said purpose, the 3rd respondent is duty bound to consider whether the petitioner is fully dependent on his late brother. The Village Officer reported that the petitioner was dependent on his brother as well as father. Since the certificate was sought for the said purpose, the 3rd respondent is duty bound to consider whether the petitioner is fully dependent on his late brother. The Village Officer reported that the petitioner was dependent on his brother as well as father. In the circumstances, the Dependency Certificate could not be issued by the Village Officer for the purpose of submitting application for compassionate appointment. 7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 8. The fact that the petitioner is the brother of late Deepak K.K. is not disputed. The Village Officer has reported that the petitioner was depending his brother Deepak K.K. as well as his father. As long as the petitioner was depending his late brother, the respondents cannot deny Dependency Certificate. The mere fact that the petitioner was also dependent on the income of his father cannot be a reason for not issuing the Dependency Certificate. No Government Order or rules are brought to the notice of this Court which requires that for issuance of Dependency Certificate, one should be completely dependent on the deceased. 9. Clause 234 of Village Office Manual provides that the person applies for Dependency Certificate should establish that he was dependent on the deceased. In the petitioner's case, he has established that he was dependent of his brother. In the circumstances, Exts.P9 and P11 orders are rejected. 10. The 3rd respondent is directed to reconsider the application for Dependency Certificate submitted by the petitioner and issue Dependency Certificate to the petitioner, if the petitioner is otherwise eligible. The writ petition is disposed of as above.