Dismissed

Smt. Shanthamma v. the State of Karnataka

Karnataka HC5 Sept 2024WP/422/2022

Case brief

AI extract

What is this about?

Writ petition against Tribunal rejection of a claim for compassionate appointment following the petitioner's father's death in service in 1995. The court upheld the Tribunal's order, finding no error: the petitioner did not attain majority within one year of death as required under proviso to Rule 5, and there was over five years' delay in approaching the Tribunal.

What the court decided

AI extract

Smt. Shanthamma Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:36446-DB WP No. 422 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 422 OF 2022 (S-KSAT)

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BETWEEN:

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SMT. SHANTHAMMA W/O LATE CHANDRASHEKAR AGED ABOUT 62 YEARS

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SRI HARISH G C S/O LATE H A CHANDRASHEKAR AGED ABOUT 33 YEARS

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BOTYH ARE R/AT KALLEDEVARAPURA VILLAGE JAGALURU TALUK

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DAVANAGERE DISTRICT - 577528

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…PETITIONERS

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(BY SRI. RAMACHANDRAIAH R., ADVOCATE)

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF PRIMARY EDUCATION M S BUILDING BENGALURU – 560001

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THE JOINT COMMISSIONER (ADMN) DEPARTMENT OF PUBLIC EDUCATION COMMISSIONER OFFICE NRUPATHUNGA ROAD BENGALURU - 560001

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THE COMMISSIONER DEPT OF PUBLIC EDUCATION

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2 - NC: 2024:KHC:36446-DB WP No. 422 of 2022

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NRUPATHUNGA ROAD BENGALURU - 560001

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI) DEPT OF PUBLIC EDUCATION CHITRADURGA – 577501

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THE BLOCK EDUCATION OFFICER (BEO) DEPT OF PUBLIC EDUCATION MOLKALUMUR - 577535

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…RESPONDENTS

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(BY SRI.M RAJAKUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.07.2021, PASSED ON APPLICATION NO. 478/2021 ON THE FILE OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, VIDE ANNEXURE - E, BY ISSUE OF WRIT OF CERTIORARI AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE S.G.PANDIT)

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The petitioners are before this Court aggrieved by the

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order dated 30.7.2021 in Application No.478/2021 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short ‘the Tribunal’) rejecting the petitioners application, wherein the second petitioner had prayed for compassionate appointment.

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3 - NC: 2024:KHC:36446-DB WP No. 422 of 2022

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Heard Sri Ramachandraiah R, learned counsel for

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the petitioners and Sri M.Rajakumar, learned AGA for respondents. Perused the writ petition papers.

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It is the case of the second petitioner that his father late H.A. Chandrashekar who was working as a Teacher died while in service on 24.10.1995. As on the date of death of his father, second petitioner was aged 16 years 10 months. Second petitioner made an application seeking compassionate appointment under application dated 25.12.1995 and filed second application on 2.2.1997 on attaining the age of majority. There was a claim by one Smt.Hampamma claiming to be second wife of late H.A.Chandrashekar. Smt.Hampamma claiming to be second wife, had filed OS No.76/2000 before the Civil Judge, (Jr.Dn) at Molakalmur, which was disposed of on 30.11.2005, wherein a compromise was entered into between the parties. In terms of the compromise, the second petitioner was entitled to claim compassionate appointment. Thereafter, the second petitioner’s application was forwarded under Annexure-A5, letter dated 2.3.2009. On consideration of the second petitioner’s application, endorsement dated 5.6.2015 (Annexure-A1) was issued rejecting the claim of the second

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4 - NC: 2024:KHC:36446-DB WP No. 422 of 2022

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petitioner for compassionate appointment. Thereafter, the second petitioner was before the Tribunal by filing Application No.478/2021. There was a delay of more than 5 years in approaching the Tribunal from the date of rejection of his application for compassionate appointment and more than 20 years from the date of death of the father of the second petitioner.

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Compassionate ground appointment is provided to dependent of deceased government servant with an intention to provide financial assistance on sudden death of government servant. If the appointment is sought after much delay, the purpose of providing appointment on compassionate ground would not be served or survive.

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The Tribunal under the impugned order placing reliance on the decision of the Hon’ble Supreme Court and Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds), Rules 1996, dismissed the application holding that the second petitioner would not fulfill the criteria prescribed under Rule 5 and also on the ground that there is an inordinate delay in claiming compassionate appointment. Admittedly the second petitioner has not attained

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5 - NC: 2024:KHC:36446-DB WP No. 422 of 2022

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majority within one year from the date of death of his father as required under proviso to Rule-5 of the 1996 Rules and there is more than 5 years delay in approaching the Tribunal

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subsequent to endorsement dated 05.06.2015 (Annexure-A1).

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We do not find any error in the order passed by the

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Tribunal. Accordingly, the writ petition stands rejected.

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Sd/(S.G.PANDIT) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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List No.: 2 Sl No.: 13

Smt. Shanthamma v. the State of Karnataka

Case brief

What is this about?

What the court decided

Smt. Shanthamma v. the State of Karnataka

Case brief

What is this about?

What the court decided

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