Dismissed

Smt.Nirmala W/O Sidrai Chinnannavar v. the Nwkrtc Belagavi Division

Karnataka HC12 Jun 2024WP/111971/2020

Case brief

AI extract

What is this about?

Petitioners, legal heirs of a deceased employee, sought compassionate appointment. The Court held that compassionate appointment applies only to employees who die in harness. Since the deceased was dismissed in 2015 and the dismissal was confirmed by the Labour Court and by this Court, the petition was dismissed as infructuous.

What did the court decide?

The writ petition is dismissed. Pending applications do not survive and are disposed of.

Smt.Nirmala W/O Sidrai Chinnannavar Vs the… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:7848 WP No. 111971 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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WRIT PETITION NO.111971/2020(S-KSRTC)

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BETWEEN:

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SMT. NIRMALA W/O. SIDRAI CHINNANNAVAR, AGE: 46 YEARS, OCC: HOUSEWIFE, R/O: H.NO.913, MASTEMMA NAGAR, K.K. KOPPA, TQ: BELAGAVI, DIST: BELAGAVI – 590 001.

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RADHIKA D/O. SIDRAI CHINNANNAVAR, AGE: 23 YEARS, OCC: NIL, R/O: H.NO.913, MASTEMMA NAGAR, K.K. KOPPA, TQ: BELAGAVI, DIST: BELAGAVI – 590 001.

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ANAND S/O. SIDRAI CHINNANNAVAR, AGE: 22 YEARS, OCC: NIL, R/O: H.NO.913, MASTEMMA NAGAR, K.K. KOPPA, TQ: BELAGAVI, DIST: BELAGAVI.

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…PETITIONERS

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(BY SMT. CHITRA M. GOUNDALKAR, ADVOCATE)

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AND:

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Digitally signed by V N BADIGER Location: High Court of Karnataka

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THE NWKRTC BELAGAVI DIVISION, R/BY ITS DIVISIONAL CONTROLLER, CHIKKODI DIVISION, CHIKKODI – 591 201.

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…RESPONDENT

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(BY SRI PRASHANT S. HOSAMANI, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONSIBLE AUTHORITIES OF NWKRTC BELAGAVI DIVISION FOR THE APPOINTMENT OF PETITIONER NO.3 ON COMPASSIONATE GROUND, FOR WHICH NECESSARY REPRESENTATION HAS BEEN SUBMITTED BY PETITIONER NO.3 VIDE ANNEXURE-D AND D1 VIDE DATED 18/11/2019 AND 23/12/2019 RESPECTIVELY AND ETC.,

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- 2 - NC: 2024:KHC-D:7848 WP No. 111971 of 2020

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Shri Prashant S.Hosmani, learned counsel accepts notice for respondent – Corporation and

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undertakes to file vakalath in two weeks.

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This petition is filed by the petitioners, who are the legal representatives of the deceased – Sidrai seeking direction to the respondent authorities to consider the representation for appointment on compassionate ground.

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Learned counsel appearing for the petitioners

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submits that, since the original petitioner – Sidrai passed away on 01.11.2019 during the pendency of the present petition, it shall be considered as he having died during harness and an opportunity be granted to his legal representatives to seek appointment on compassionate ground.

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In response, learned counsel appearing for the respondent – Corporation submits that, the petition does not survive for consideration in view of the fact that the

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3 - NC: 2024:KHC-D:7848 WP No. 111971 of 2020

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deceased employee had been dismissed from service as far back as on 23.03.2015 and the said order of dismissal

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has been confirmed by the Labour Court in its order dated 23.12.2016 passed in KID No.56/2015 and the writ petition filed by the original petitioner in W.P. No.104966/2018 having been confirmed the order of the Labour Court. The present petition has become infructuous.

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The submission is placed on record.

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The application for consideration of

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appointment on compassionate ground can be considered only if an employee has died during harness. The purpose of compassionate appointment is only to provide financial aid to the distress family members of the deceased employee.

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In the instant case, as noted above, the deceased-employee having been dismissed from service in the year 2015 on account of he remaining unauthorizedly absent from duty for a period of 325 days, which order

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4 - NC: 2024:KHC-D:7848 WP No. 111971 of 2020

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having been confirmed by the Labour Court by its order dated 23.12.2016 passed in KID No.56/2015 and the

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same having been confirmed by this Court in the writ petition in W.P. No.104966/2018, this Court do not see any reason warranting interference.

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Accordingly, the writ petition is dismissed.

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In view of the dismissal of the petition, pending

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applications, if any, do not survive for consideration and the same are accordingly disposed off.

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SD/JUDGE

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KGK, VNP/CT-ASC List No.: 1 Sl No.: 11.1

Smt.Nirmala W/O Sidrai Chinnannavar v. the Nwkrtc Belagavi Division

Case brief

What is this about?

What did the court decide?

Smt.Nirmala W/O Sidrai Chinnannavar v. the Nwkrtc Belagavi Division

Case brief

What is this about?

What did the court decide?

What the court decided

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