Dismissed

Parvatamma W/O. Late Shivanand Puttraddy v. the State of Karnataka

Karnataka HC1 Jul 2024WP/76580/2013

Case brief

AI extract

What is this about?

Petitioner sought appointment on compassionate grounds for her deceased husband's aid-post, challenged a 2003 rejection order. Despite initial application made within one year of death, the petition was dismissed due to the petitioner's delay in approaching the court, which exceeded two decades post-death.

What did the court decide?

The writ petition for quashing the impugned order and directing appointment on compassionate grounds was dismissed.

Parvatamma W/O. Late Shivanand Puttraddy… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:8937 WP No. 76580 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.76580 OF 2013(S-RES)

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BETWEEN:

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SMT. PARVATAMMA W/O. LATE SHIVANAND PUTTRADDY, AGE: 42 YEARS, OCC: NIL, C/O. S.T. NAYAK, GOURI SHANKAR NAGAR, IST MAIN IST CROSS, RANEBENNUR, DIST: HAVERI.

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…PETITIONER

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(BY SRI S. G. KADADAKATTI, 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 STATE OF KARNATAKA, DEPARTMENT OF PRIMARY EDUCATION, M.S. BUILDING, AMBEDKAR VEEDI, BANGALORE – 560 001, REPRESENTED BY SECRETARY.

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THE COMMISSIONER, DEPARTMENT OF PRIMARY EDUCATION, OFFICE OF THE COMMISSIONER(PRIMARY EDUCATION), DEPARTMENT OF PUBLIC EDUCATION, NRUPATHUNGA ROAD, BANGALORE.

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THE DEPUTY DIRECTOR, ( ADMN), DEPARTMENT OF PUBLIC EDUCATION, HAVERI, DIST: HAVERI.

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BLOCK EDUCATION OFFICER, RANEBENNUR, TQ: RANEBENNUR,

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2 - NC: 2024:KHC-D:8937 WP No. 76580 of 2013

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DISTRICT: HAVERI.

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B.A. J.S.S. MAHILA MAHA VIDYALAYA, HALAGERI ROAD, RANEBENNUR BY ITS SECRETARY, HAVERI,

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP FOR R1 TO R4; SRI M.V.HIREMATH, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDERNO.C-5/(6) HIMBARAHA 73/002-2003/62 DTD.22.03.2003 PASSED BY THE 2ND RESPONDENT, THE DIRECTOR PRIMARY EDUCATION OFFICE OF THE COMMISSIONER, DEPARTMENT OF PUBLIC EDUCATION, NRUPATUNGA ROAD, BANGALORE, VIDE ANNEXURE-E BY ALLOWING THE WRIT PETITION. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS TO APPOINT THE PETITIONER ON COMPASSIONATE GROUND TO THE SUITABLE POST BY ALLOWING THIS WRIT PETITION IN THE ENDS OF JUSTICE.

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

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3 - NC: 2024:KHC-D:8937 WP No. 76580 of 2013

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ORDER

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In this petition, the petitioner is challenging

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endorsement dated 22.03.2003 produced at Annexure-E issued by respondent No.2, declining to consider the application of the petitioner for appointment on compassionate ground, on the premise of the said application not having been filed within one year.

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Case of the petitioner is that, her husband, late Shivananda, who was working as teacher run by the respondent No.5 Aided Institution died during the service on 30.06.2001. Petitioner being his wife, made an application on 15.12.2001, seeking appointment on compassionate ground. The said application was forwarded by the Deputy Director, Public Instructions, Haveri to the 2^nd respondent-Director vide his communication dated 26.06.2002 as per Annexure-B. However, the impugned endorsement dated 22.03.2003 came to be issued, rejecting the said application on the premise of same

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4 - NC: 2024:KHC-D:8937 WP No. 76580 of 2013

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having been filed after one year of the death of the employee.

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Learned HCGP submits that when the

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application was made, her age was 33 years and the writ petition was filed ten years thereafter, at which time her

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age was 43 years and as on this date, she is 54 years. Thus, he submits that the purpose of appointing on compassionate ground would be defeated if a direction is issued at this belated stage.

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Heard. Perused the records.

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No doubt from the record, it is clear that the petitioner had made an application within one year from the date of death of the employee, and even the recommendation to consider the said application was forwarded within one year from the date of death. The impugned endorsement has been issued on the 22.03.2003 and the present writ petition has been filed on 04.03.2013, which is after ten years. The above petition is pending consideration since 2013 and it is listed today at the instance of learned HCGP, who has moved a memo for

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5 - NC: 2024:KHC-D:8937 WP No. 76580 of 2013

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posting. Clearly indicating petitioner is neither in need of a compassionate appointment nor in a hurry for disposal of the matter. Purpose of appointment on compassionate ground is only to alleviate the financial burden and the hardship which the dependents of the employee would face on the sudden demise of an employee. That is the only criteria and nothing else besides the other eligibility aspects of the matter.

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In the instant case, though an attempt is made at paragraph 7 of the writ petition, to explain the delay in

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approaching this Court, the same does not evince the credibility of the statement made by the petitioner. Records reveal that petitioner has shown no urgency/diligence in prosecuting the matter.

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As on this date, it is more than 20 years since the employee passed on. The petition is liable to be dismissed only on the ground of delay and lashes as the petitioner has not approached this Court within a reasonable time.

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6 - NC: 2024:KHC-D:8937 WP No. 76580 of 2013

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Petition lacks merits on this ground.

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Accordingly, petition is dismissed.

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SD/JUDGE

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KGK/CT-ASC List No.: 1 Sl No.: 9

Parvatamma W/O. Late Shivanand Puttraddy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Parvatamma W/O. Late Shivanand Puttraddy 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

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