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2003 Supreme(Ker) 228

CYRIAC JOSEPH, K.THANKAPPAN
V. K. Somasundaran – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Cyriac Joseph, J.

1. This appeal is against the judgment in O.P.No.6412 of 1991 which was dismissed by the learned Single Judge. The appellant is the petitioner in the original petition.

2. The appellant’s father Sri.A.Chathu Mannadiar was a teacher of Aided Upper Primary School, Keralassery. While in service Sri.Chathu Mannadiar died of heart attack on 27.6.1978. He had served as a teacher in the said school for nearly 27 years from 1951 to 27.6.1978. He left behind him his only son (the appellant) who was then a minor aged 16 years and two unmarried daughters. The appellant studied only upto S.S.L.C. On attaining majority the appellant submitted an application dated 28.9.1982 to the Government requesting for employment under the Dying in Harness Scheme. As per Ext.P1 letter dated 9.11.1982 the Government informed the appellant that the Government had prescribed an application form for applying for employment assistance under the provisions of G.O.(Ms) 20/70/PD dated 21.1.1970 and that he might apply in that form provided his father was a government servant. Admittedly the appellant’s father was not a government servant and the benefit under the above mentioned Governme



























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