The High Court dismissed a writ petition challenging an order rejecting a compassionate appointment claim. The court held that a prior service nominee registration was essential, dismissing the petition for lack of merit.
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 AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.40223/2018 (S – RES)
BETWEEN
V.LAKSHMANA S/O LATE VENKATESHAPPA, AGED ABOUT 33 YEARS, RESIDING AT NO.223, 6TH CROSS, NEAR MADDURAMMA TEMPLE YAMALURU, BENGALURU – 560 037.
... PETITIONER
(BY SRI M.C.BASAVARAJU, ADVOCATE (VIDEO CONFERENCING))
AND
... RESPONDENTS (BY SRI I.G.GACHCHINAMATH, ADVOCATE (VIDEO CONFERENCING))
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 08.05.2017 VIDE ANNEXURE-H TO THE WRIT PETITION ISSUED BY THE SECOND RESPONDENT ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner in this writ petition has called in question the endorsement dated 08.05.2017 by which the respondent has rejected the claim of the petitioner for appointment on compassionate grounds.
Petitioner’s mother was employed as a Pourakarmika in the respondent -Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as the ‘Corporation’ for short) and died in harness. On the death of his mother, petitioner
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submitted the application for appointment on compassionate grounds along with necessary documents. On a scrutiny of the documents and a legal opinion sought on the application submitted by the petitioner, it was noticed by the Corporation that the deceased employee had not, in her entire service, made anybody as her nominee in the service register. On that ground, the appointment on compassionate grounds to the petitioner claiming to be the dependent of the deceased employee was turned down. It is this order that is challenged before this Court.
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would contend that the impugned endorsement is contrary to law.
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and is dismissed.
Sd/JUDGE
bkp CT:MJ
2 issues framed by the court
Whether the writ petition challenging the rejection of a compassionate appointment claim should be allowed.
Whether the lack of a nominee registration in the service register during the deceased employee's lifetime validates the rejection order.
1 provisions across 1 enactments
V.Lakshmana
The Commissioner Bruhat Bengaluru Mahanagara Palike
The Joint Commissioner Bruhat Bengaluru Mahanagara Palike
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
