T. L. Viswanatha Iyer, J.

1. Petitioner is the son of one P. O. Chacko, who was a driver in the respondent Corporation. Chacko died on 18-2-1986 after serving the Corporation as a driver for more than twenty years. There was a suit among the heirs, of Chacko namely O. S. No. 182 of 1987 on the file of the Munsiff's Court Kanjirappally in which a decree was passed on 29-9-1987 declaring the petitioner as the person entitled to claim compassionate appointment in the Corporation under the dying in harness scheme. Petitioner applied accordingly for appointment in the respondent Corporation pursuant to which he was called for an interview in the year 1988, and being found fit, included in the select list for appointment under the dying in harness scheme. He is serial No. 2 in the list of peons selected for appointment under the scheme.

2. Since the appointment was not forthcoming despite his inclusion in the list, the petitioner made request for immediate appointment to which he received a reply Ext. P4 dated 18-11-1991, stating that he is serial No. 2 in the list of peons selected under the scheme and that he will be appointed in his turn as and when a vacancy of peon arises in t