Allowed

Smt Sindhuja L D v. Visvesvaraya Technological University (Vtu)

Karnataka HC7 Feb 2024WP/23810/2023

Case brief

AI extract

What is this about?

Widow of a deceased VTU Assistant Professor sought consideration of her representation for compassionate appointment. The court held the deceased's mother, in civil partition dispute with the widow, had no locus to object and directed the University to reconsider the representation; impleading application rejected.

What did the court decide?

University directed to reconsider petitioner's representation dated 20.06.2022 for compassionate appointment; I.A.No.1/2024 impleading application rejected.

Smt Sindhuja L D Vs Visvesvaraya Technological… — Service and Employment | Karnataka HC (2024)

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1 - NC: 2024:KHC:5208 WP No. 23810 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.23810 OF 2023 (S-RES)

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BETWEEN:

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SMT.SINDHUJA L D W/O LATE SRI.ANNAPPA A R AGED ABOUT 38 YEARS RESIDING AT NO.2367/10 C/O DURUGAPPA L.K 3^RD MAIN, 1^ST CROSS SARASWATHINAGAR “C” BLOCK JEEVANABHIMANAGAR DAVANAGERE TALUK AND DISTRICT DAVANAGERE – 577005

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…PETITIONER

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(BY SRI.SATHISH V, ADVOCATE)

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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AND:

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VISVESVARAYA TECHNOLOGICAL UNIVERSITY (VTU) JNANASANGAMA BELGAUM DISTRICT BELGAUM - 590018 REPRESENTED BY ITS REGISTRAR

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…RESPONDENT

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(BY SRI.SANTOSH NAGARALE, ADVOCATE)

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NC: 2024:KHC:5208 WP No. 23810 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER REPRESENTATION DTD 20.06.2022 VIDE ANNEXURE-E FILED BY THE PETITIONER FOR APPOINTMENT OF JOB ON THE COMPASSIONATE GROUNDS, AS SOUGHT IN THE REPRESENTATION AND ETC.

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

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ORDER

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The captioned writ petition is filed by the widow of the deceased employee of respondent – University. The husband of the petitioner herein, who was appointed as Assistant Professor, Department of Mechanical, in the respondent - Visvesvaraya Technology University (VTU), Belgaum, died on account of heart attack on 06.05.2022. The petitioner, who is the widow of late Annappa A.R, having completed her degree in Bachelor of Arts submitted representation seeking appointment on compassionate grounds. The representation is dated 20.06.2022 as per Annexure-E.

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NC: 2024:KHC:5208 WP No. 23810 of 2023

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Learned counsel appearing for respondent –

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University submits that since mother of the deceased has filed objection to the representation submitted by the petitioner as per Annexure-E, the same is not considered.

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The mother of the deceased has filed impleading application in I.A.No.1/2024 seeking leave to contest the proceedings. On perusal of the affidavit filed in support of the impleading application, it is clearly evident that the mother of the deceased is aged 65 years and therefore, she is not eligible to seek appointment on compassionate grounds.

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The mother-in-law of the petitioner, who is impleading applicant in the captioned writ petition, has made a statement in the impleading application that civil dispute is pending between the petitioner and the impleading applicant. The impleading applicant has instituted a partition suit before the Competent Civil court seeking her legitimate share in the ancestral properties.

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NC: 2024:KHC:5208 WP No. 23810 of 2023

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The civil dispute relates to ancestral properties. The impleading applicant has no locus to object to grant appointment to the petitioner on compassionate grounds. The petitioner being a widow, who is wholly dependent on her husband, is entitled to seek appointment on the compassionate grounds subject to eligibility criteria and her dependency.

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If these significant details are looked into, I am

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of the view that the impleading applicant has no locus to object representation insofar as request for employment based on compassionate grounds.

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With these above observations, I proceed to

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pass the following;

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ORDER

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(i) The Writ Petition is allowed.

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Page No.4 is retyped and replaced vide court order dated 18.03.2024

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5 - NC: 2024:KHC:5208 WP No. 23810 of 2023

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(ii) The respondent – University is hereby directed to re-consider representation submitted by the petitioner dated 20.06.2022 as per Annexure-E insofar as appointment based on compassionate grounds.

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(iii) Consequently, I.A.No.1/2024 – impleading application is rejected.

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Sd/JUDGE

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NBM List No.: 1 Sl No.: 4

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Page No.5 is retyped and replaced vide court order dated 18.03.2024

Smt Sindhuja L D v. Visvesvaraya Technological University (Vtu)

Case brief

What is this about?

What did the court decide?

Smt Sindhuja L D v. Visvesvaraya Technological University (Vtu)

Case brief

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What did the court decide?

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