Remanded

Smt Indra N v. the State of Karnataka

Karnataka HC20 Dec 2023WP/5310/2023

Case brief

AI extract

What is this about?

The Court quashed an order rejecting a compassionate appointment petition. It held that a Gram Panchayat employee is deemed an employee of the Municipal Council upon upgrade, and removed obstacles against the petitioner after her initial approved successor died. Relief granted: directed R3 to consider the case within two months.

What did the court decide?

Annexure-S quashed. R3 directed to consider petitioner's case for compassionate appointment within two months of receiving this order.

Smt Indra N Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:46519 WP No. 5310 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 20^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

¶7

WRIT PETITION NO. 5310 OF 2023 (S-RES)

¶8

BETWEEN:

¶9

SMT. INDRA N, W/O LATE YOGESH, D/O LATE E NAGARAJAPPA, AGED ABOUT 31 YEARS, #39, ACHARYA COLLEGE MAIN ROAD, GANAPATINAGAR, ACHCHUTNAGAR POST, BENGALURU-560 107.

¶10

…PETITIONER

¶11

(BY SRI K. MANJUNATHA RAO BHONSLE, ADVOCATE)

¶12

AND:

¶13

Digitally signed by T S NAGARATHNA Location: High Court of Karnataka

¶14

THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.

¶15

THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, AND PANCHAYAT RAJ, M.S. BUILDING, BENGALURU-560 001.

¶16

THE DIRECTOR,

¶17

¶18

NC: 2023:KHC:46519 WP No. 5310 of 2023

¶19

DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9^TH AND 10^TH FLOOR, VISHVESHWARAYA BUILDING, BENGALURU-560 001.

¶20

THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G. ROAD, BENGALURU-560 009.

¶21

THE PROJECT DIRECTOR, (DISTRICT URBAN DEVELOPMENT CELL) O/O DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G. ROAD, BENGALURU-560 009.

¶22

THE TOWN MUNICIPAL COUNCIL CHIKKABANAVARA, REP. ITS CHIEF OFFICER, BENGALURU NORTH TALUK, BENGALURU URBAN DISTRICT-560 090.

¶23

THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, BENGALURU URBAN DISTRICT, S. KARIYAPPA ROAD, BANASHANKARI, BENGALURU-560 070.

¶24

THE EXECUTIVE OFFICER, BENGALURU NORTH TALUK PANCHAYAT, YELAHANKA, BENGALURU-560 063.

¶25

…RESPONDENTS (BY SMT. PRATHIBHA R K, AGA FOR R1 TO R5; SMT. DEEPIKA JOSHI, ADVOCATE FOR R7 & R8 [V/C]; R-6 SERVED)

¶26

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH THE ENDORSEMENT IN NO.PUKACHI/AASHA/CR/61/21-22 DATED

¶27

¶28

NC: 2023:KHC:46519 WP No. 5310 of 2023

¶29

04.08.2022 VIDE ANNX-V ISSUED BY THE R-6. DIRECTING THE R- 1, 3 TO 6 TO CONSIDER/RECONSIDER THE PETITIONERS CASE FOR APPOINTMENT ON COMPASSIONATE GROUNDS FOR AS WATERMAN OR SUITABLE POST IN THE R-6 MUNICIPALITY ETC.

¶30

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶31

ORDER

¶32

The father of the petitioner E. Nagarajappa, while

¶33

working as a Waterman in the Chikkabanavara Gram Panchayat, passed away. As a consequence, the mother of the petitioner submitted an application seeking for appointment on compassionate grounds.

¶34

The Gram Panchayat resolved for getting the prior approval of the Chief Executive Officer of the Zilla Panchayat for appointing the petitioner's elder sisterSumitra on compassionate grounds and the Executive Officer had also recommended her case and ultimately, the Chief Executive Officer granted prior approval for appointing Sumitra on compassionate grounds.

¶35

4 - NC: 2023:KHC:46519 WP No. 5310 of 2023

¶36

However, to the misfortune of the petitioner's family, her sister Sumitra also died while the process for appointing her was under process and thereafter, a notification came to be issued upgrading the Chikkabanavara Grama Panchayat to Chikkabanavara Town Municipality.

¶37

As a consequence of the death of Sumitra, the mother of the petitioner submitted one more application to appoint the petitioner on compassionate grounds. The Chief Executive Officer of Zilla Panchayat also approved this request.

¶38

However, ultimately, by the impugned order, the Director of Directorate of Municipal Administration has rejected the request for appointment of the petitioner on compassionate grounds stating that the father of the petitioner had died while he was in service of the Grama Panchayat, that is, before it was upgraded as a Municipality and therefore, it was impermissible for appointing the petitioner on compassionate grounds and it

¶39

5 - NC: 2023:KHC:46519 WP No. 5310 of 2023

¶40

is this endorsement which is challenged in this writ petition.

¶41

In my view, since admittedly, the father of the petitioner was working in the Gram Panchayat, and since admittedly this Panchayat was upgraded as a Municipal Council, it necessarily follows that the father of the petitioner was deemed to be an employee of the Municipal Council of the Chikkabanavara Municipal Council. Merely because the petitioner's father was working in the Gram Panchayat and died while he was in the Gram Panchayat, that cannot be a ground for the respondents to deny the consideration of the petitioner's case for compassionate appointment. It is to be borne in mind that the moment a Gram Panchayat is upgraded to a Town Municipal Council, necessarily, the employees of the Gram Panchayat become the employees of the Municipal Council. In this view of the matter, Annexure-S cannot be sustained and the same is quashed.

¶42

¶43

NC: 2023:KHC:46519 WP No. 5310 of 2023

¶44

Respondent No.3 is directed to consider the case of the petitioner for appointment on compassionate grounds on the premise that her father was deemed to be an employee of the Town Municipal Council, Chikkabanavara. Such consideration shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order.

¶45

The writ petition is disposed of accordingly.

¶46

Sd/JUDGE

¶47

tsn*

¶48

List No.: 1 Sl No.: 34

Smt Indra N v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Indra N v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mr Zakir Hussain Vs the Commissioner for Collegiate

Sri C N Satheesh Vs Union of India

Smt Geethanjali Vs the State of Karnataka

Prasanna Kumar a v Vs State of Karnataka

Sri Munawar Pasha Vs Teh Chief Executive Officer

Sri Prasanna Kumar K M Vs M/S Vokkaligara Sangha