The Court held that a writ petition filed for compassionate appointment is not maintainable under Articles 226 and 227. The matter is maintainable only before the State Administrative Tribunal as per service conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER 2019
BEFORE
THE HON’BLE MR.JUSTICE P.B.BAJANTHRI
WRIT PETITION NO.103983/2018 (S-RES)
BETWEEN:
SMT. DEEPA W/O. DEVAPPA KHANAGAONKAR AGE:33 YEARS, OCC:HOUSEHOLD, R/O SURATE, PIN: 416509, TAL:CHANDAGAD, DIST:KOLHAPUR.
... PETITIONER
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
... RESPONDENTS
(BY SMT. VEENA HEGDE, AGA FOR R1-R3)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO ISSUE THE ORDER OF APPOINTMENT TO PETITIONER AS PER ANNEXURE-"B" ISSUED BY RESPONDENT NO.3 BEARING NO.E2/AANE/DI.DI.KE/GROUP-D/VIVA/2013-14/4269 DATED:10.10.2013.
THIS PETITION COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner’s husband was a Government servant. The petitioner has sought for compassionate appointment. In this regard, the Deputy Director of Public Instructions has forwarded the papers to the Commissioner of Public Instructions. There is in-action on the part of the Department of Public Instructions. Hence the present petition.
The first Court of instance in respect of Government Servants read with service conditions would be THE State Administrative Tribunal. Accordingly, the writ petition is not maintainable.
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Petition stands dismissed reserving liberty to the petitioner to approach the State Administrative Tribunal.
Sd/JUDGE
gab
1 issue framed by the court
Whether a writ petition seeking compassionate appointment is maintainable before the High Court or if it should be approached before the State Administrative Tribunal.
1 provisions across 1 enactments
Smt. Deepa W/o. Devappa Khanagaonkar
State of Karnataka
The Commissioner Public Instructions Department
The Deputy Director Public Instructions Department
P.B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
