Wife sought compassionate appointment with BMTC after her driver husband's death; her application was rejected as time-barred under the one-year limit in the KSRTC Recruitment on Compassionate Grounds Rules, 2018. The Division Bench upheld the Single Judge's rejection and dismissed the appeal.
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NC: 2024:KHC:32489-DB WA No. 1077 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL No. 1077 OF 2024 (S-KSRTC)
BETWEEN:
RENUKA, W/O RAMANJAPPA K., AGED 40 YEARS, R/AT No.2-147, NEAR KOORIKATTA AYYAPPA TEMPLE, MEENA KALYA, DAKSHINA KANNADA, MANGALORE DISTRICT-575101.
…APPELLANT
(BY SRI SHEKAR L., ADVOCATE)
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
AND:
…RESPONDENTS
NC: 2024:KHC:32489-DB WA No. 1077 of 2024
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20.06.2024 PASSED BY THE HON’BLE LEARNED SINGLE JUDGE IN WP No.12855/2022 AND CONSEQUENTLY ALLOWED THE WP AS PRAYED FOR.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and
HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. L. Shekar for the appellant.
2.1 The only ground which rendered the application not liable to be considered was that it was made beyond one year period from the date of death of the deceased workman.
3.1. As stated above, the rejection was on the ground that as per the Karnataka State Road Transport Corporation (Recruitment on Compassionate Grounds) Rules, 2018, the application should be filed within one year from the date of death of the workman. The workman died on 19.02.2018.
3.2 At the time when the application was made, the aforementioned Rules providing one year limitation had already come into force. The Rules had to apply to the application of the petitioner-wife, which was therefore beyond time.
NC: 2024:KHC:32489-DB WA No. 1077 of 2024
that the claim for compassionate appointment has to strictly fall within the scheme and the Rules including limitation, wherever it is prescribed. The rule of limitation which was in force at the time of
making the application will apply.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/-
MV
List No.: 1 Sl No.: 12
1 issue framed by the court
Whether a compassionate appointment application filed beyond the one-year limitation under the KSRTC Rules, 2018 could be considered.
2 provisions across 2 enactments
Renuka
Chief Personal Manager, BMTC Central Offices
Divisional Manager, BMTC, East Division/Zone
N. V. Anjaria
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
