Karnataka High Court
Shivanand S/O Shankrappa Karakikatti vs The State Of Karnataka on 18 July, 2023
Author: S G Pandit
Bench: S G Pandit
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NC: 2023:KHC-D:7415-DB
WA No. 100216 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO.100216 OF 2023 (S-PRO)
BETWEEN:
SHIVANAD S/O. SHANKRAPPA KARAKIKATTI,
AGE: 21 YEARS, OCC: BILL COLLECTOR,
R/O: CHOLACHAGUDDA, TQ: BADAMI,
DIST: BAGALKOT-587201.
...APPELLANT
(BY SRI. B.C. JNANAYYASWAMY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
RURAL DEVELOPMENT AND PANCHAYAT RAJ,
VIDHAN SOUDA, BANGALORE-01.
REPRESENTED BY ITS UNDER SECRETARY.
2. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT,
Digitally BAGALAKOTE, NAVANAGAR, BAGALKOT-587201.
signed by
JAGADISH
TR
JAGADISH Location:
TR
3. EXECUTIVE OFFICER,
DHARWAD
Date:
2023.07.26
TALUK PANCHAYAT, BADAMI,
16:16:53 -
0700
DIST: BAGALKOT-587201.
4. PANCHAYAT DEVELOPMENT OFFICER,
GRAM PANCHAYAT, CHOLACHGUDDA,
TQ: BADAMI, DIST: BAGALKOT-587201.
5. SMT. MAITRA ADANANGOUDA EMMIYAVAR,
AGE: 34 YEARS, OCC: ATTENDER/JAWAN,
CHOLACHAGUDDA GRAM PANCHAYAT,
R/O: CHOLACHAGUDDA, TQ: BADAMI,
DIST: BAGALKOT-587201.
...RESPONDENTS
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NC: 2023:KHC-D:7415-DB
WA No. 100216 of 2023
(BY SRI. S.S. YADRAMI, SENIOR COUNSEL FOR
SRI. PRAKASH N. HOSAMANE, ADVOCATE FOR C/R5)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, PRAYED
THAT AFTER CALLING FOR THE RECORDS AND PROCEEDS OF
THE CASE THIS HON'BLE COURT BE PLEASED TO SET ASIDE
THE IMPUGNED JUDGMENT DATED 11/01/2023 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.102739/2021 (S-PRO) BY
ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S.G. PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellant, the fifth respondent before the learned Single Judge, is in appeal under Section 4 of the Karnataka High Court Act, 1961, questioning the correctness and legality of the order dated 11.01.2023 passed in Writ Petition No.102739/2021, whereby the learned Single Judge has set aside the impugned resolution dated 30.06.2021 resolving to appoint the appellant on compassionate grounds as a Bill Collector and issued a direction to the respondent-Panchayat to consider the case of the appellant afresh after affording an opportunity to the petitioner. -3-
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2. The parties to the appeal would be referred to as they stood before the learned Single Judge. Appellant was respondent No.5, and respondent No.5 herein was the petitioner before the learned Single Judge.
3. Brief facts of the case leading to filing of this writ appeal are that,
(a) the father of respondent No.5 viz., Shankarappa Karkikatti was working as a Bill Collector in respondent No.4-Panchayat and, while in service, he died on 12.08.2020. On the death of Shankarappa Karkikatti, his son i.e., respondent No.5, made an application requesting to appoint him on compassionate grounds. Respondent No.4-Gram Panchayat, on considering the application of respondent No.5 and on noticing that he possessed the qualification prescribed for the post of Bill Collector, resolved to appoint respondent No.5 as a Bill Collector on compassionate grounds under the resolution dated 30.06.2021.
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(b) The petitioner, who was working as a Attender in respondent No.4-Gram Panchayat and whose appointment was approved on 28.07.2014, called in question the appointment of respondent No.5 on compassionate grounds as Bill Collector on the ground that if respondent No.5 is appointed as Bill Collector, she would lose the opportunity of promotion to the post of Bill Collector.
(c) The learned Single Judge, on consideration of the rival contentions, under impugned order. allowed the writ petition, set aside the resolution dated 30.06.2021 resolving to appoint respondent No.5 as a Bill Collector, on the ground that Schedule I to the Karnataka Gram Swaraj and Panchayat Raj (Staffing Pattern, Scale of Pay, Method of Recruitment and Other Conditions of Service of Employees of Grama Panchayat) Rules, 2020 (for short, 'the 2020 Rules') would not permit filling up of post of Bill Collector on compassionate ground. Learned Single Judge was of the view that the post of Bill Collector is to be filled by -5- NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 way of promotion from the post of Water Operator/Attendant/Cleaners, if such candidates satisfied the relevant qualification stated at column 4 of Schedule-I to the 2020 Rules.
4. Aggrieved by the same, respondent No.5 is before this Court in this appeal.
5. Heard the learned counsel, Sri. B.C.Jnanayyaswamy for appellant/respondent No.5, the learned Senior Counsel Sri.S.S.Yadrami for Sri. Prakash N.Hosamane, learned counsel for respondent No.5/petitioner. Perused the writ appeal papers.
6. Learned counsel Sri. B.C.Jnanayyaswamy for appellant/respondent No.5 would submit that respondent No.5 was appointed on compassionate grounds in terms of '2020 Rules' and contend that '2020 Rules' would permit appointment on compassionate grounds to the post of Bill Collector & Clerk-cum-Data Entry Operator, which is a Group-C post, if the post is vacant. Learned counsel would -6- NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 further submit that there is no restriction for appointment on compassionate grounds either to the direct recruitment vacancy or promotional vacancy. It is submitted that the petitioner has no right to seek for promotion, but has only a right for consideration of her case for promotion. It is also contended by the learned counsel for the appellant that the petitioner has no locus standi to challenge the appointment of appellant/respondent No.5. Learned counsel would submit that Rule 9 of 2020 Rules provides for procedure for appointment on compassionate ground in the Gram Panchayat, if an employee of the Gram Panchayat dies while in service. Learned counsel would also invite attention of this Court to Circular dated 21.03.2019 (Annexure-R1) and submits that compassionate appointment to the post of Bill Collector and the post of Clerk-cum-Data Entry Operator, which are Group-C posts, can be made if a candidate seeking compassionate appointment possesses the qualifications prescribed for those posts. Thus, the learned counsel would submit that the learned Single Judge committed an error in coming to the conclusion that -7- NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 compassionate appointment is not a method of appointment as prescribed under Schedule I to the 2020 Rules, and the compassionate appointment to the posts of Bill Collector is impermissible. Thus, he prays for allowing the writ appeal.
7. Per contra, learned Senior Counsel Sri. S.S.Yadrami would submit that 2020 Rules came into force on 29.09.2020 and referring to Rule 10 of 2020 Rules, he submits that the said Rules are issued in supersession of all earlier Rules and Government Orders in respect of service conditions of the Gram Panchayat employees. The learned Senior Counsel invites attention of this Court to Schedule I to the 2020 Rules and submits that posts of Bill Collector and Clerk-cum-Data Entry Operator could be filled up only by way of promotion and if a person eligible for promotion is not available, then the Gram Panchayat could resort to direct recruitment. He submits that the Schedule would not permit filling up of the posts of Bill Collector on compassionate grounds. Thus, he submits that when the Rule does not provide for filling up the post of Bill Collector -8- NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 on compassionate grounds, the appointment of respondent No.5 as Bill Collector is wholly illegal and the learned Single Judge was justified in setting aside the impugned resolution dated 30.06.2021. Learned Senior Counsel would submit that if the appointment of respondent No.5 on compassionate ground to the post of Bill Collector is upheld, the petitioner would have no chance of getting promotion to the post of Bill Collector, and as the appointment of respondent No.5 would deny promotion of the petitioner to the post of Bill Collector, the respondent-Gram Panchayat could not have appointed respondent No.5 on compassionate ground as Bill Collector.
8. Having heard the learned counsel for the parties and on perusal of the writ appeal papers, the only point that falls for consideration is, whether the impugned order under appeal requires interference.
9. The answer to the above point would be in the affirmative for the following reasons: -9-
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10. Compassionate appointment is provided to any one of the legal representatives of a Government Servant or employee working in any of the Government undertaking or local bodies or panchayat in terms of Rules applicable to those authorities, to overcome the financial distress due to the death of bread-earner. Compassionate appointment cannot be claimed as a matter of right. Compassionate appointment could be made in accordance with available Rules and if there is no Rule, no compassionate appointment could be sought for.
11. In the case on hand, father of respondent No.5 was working as a Bill Collector in respondent No.4-Gram Panchayat and he died while in service on 12.08.2020. There is no dispute with regard to the father of respondent No.5 working as Bill Collector and he dying in harness. On an application made by respondent No.5, respondent No.4- Gram Panchayat taking note of the qualification of respondent No.5 and his eligibility to the post of Bill
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NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 Collector, resolved to appoint respondent No.5 on compassionate grounds as Bill Collector.
12. Rule 9 of 2020 Rules governs appointment on compassionate grounds in Panchayat . Rule 9 reads as follows:
"9. Compassionate Ground Appointments.- In the case of death of Grama Panchayat employee, the dependents of the deceased employee will be eligible for Appointment subject to following conditions.-
(1) Eligible person of the deceased wmployee shall apply for a post within one year from the date of the death to the concerned Grama Panchayat.
(2) Eligibility for Appointment-(1) Appointment on compassionate grounds under these rules shall not be claimed as a matter of right and shall not be given as a matter of course.
(2) Appointment under these rules shall be restricted to the dependent of a deceased Grama Panchayat Employee in the following order of preference, namely.-
(i) in the case of the deceased male Grama Panchayat Employee.-
(a) the widow;
(b) a son, if widow is not eligible or for any valid reason she is not willing to accept the appointment;
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(c) an unmarried daughter, if the widow and son are not eligible or for any valid reason they are not willing to accept the appointment;
(d) a widowed daughter, if the widow, son and unmarried daughter are not eligible or for any valid reason they are not willing to accept the appointment.
(i-a) in the case of the deceased male unmarried Grama Panchayat Employee.-
(a) unmarried brother,
(b) unmarried or widowed sister, who were dependent upon him and were living with him.
(ii) in the case of the deceased female Grama Panchayat Employee.-
(a) a son;
(b) an unmarried daughter, if the son is not eligible or for any valid reason he is not willing to accept the appointment;
(c) a widower, if the son and daughter are not eligible or for any valid reason they are not willing to accept the appointment;
(d) a widowed daughter, if the widower, son and unmarried daughter are not eligible or for any valid reason they are not willing to accept the appointment.
(ii-a) in the case of the deceased female unmarried Grama Panchayat Employee.-
(a) unmarried brother;
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(b) unmarried or widowed sister, who were dependent upon her and were living with her.
(3) A person against whom at the time of making application a criminal case is under investigation or trial, on the charge of having committed murder of the deceased Grama Panchayat Employee or for abetting the commission of such offence shall not be eligible for appointment under these rules.
3) Age limit.-As mentioned in sub-rule 4(6). But Age limit is relaxed for a period of ten years in case Widow or Physically Handicapped persons.
4) Qualification for Appointment. -For the post of Bill Collector, Clerk-cum-Data Entry Operator and Data Entry Operator minimum qualification shall be as prescribed in Schedule I to sub-rule 3 against Direct Recruitment for Water operator, Attendant and Cleaner qualification show in the Schedule I to Rule 3 does not apply.
(5) Applicant shall be considered only against the available vacancy. Subject to having minimum educational qualification as specified in sub-rule 9(4)."
Sub-rule (4) of Rule 9 prescribes qualification for appointment. For appointment on compassionate grounds to the post of Bill Collector, Clerk-cum-Data Entry Operator, the minimum qualification is as prescribed in Schedule I to sub-rule-3. Schedule-I to sub-rule-3 prescribes qualification
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NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 of pass in P.U.C. or equivalent qualification with Kannada as one of the languages and also a certificate of three months computer training course from any institute recognised by the State or Central Government for appointment as Bill Collector. Schedule I to 2020 Rules provides for method of recruitment to fill up various posts in Gram Panchayats. It is to be noted here itself that appointment on compassionate ground is not one of the mode of appointment. Appointment on compassionate grounds is in terms of 2020 Rules de hors the regular appointment/recruitment.
13. No recruitment Rules normally would provide for filling up of a post by compassionate appointment specifically. Rule 9 of 2020 Rules, as stated above, provides for compassionate appointment and sub-rule (4) prescribes the qualification for appointment to the post of Bill Collector, Clerk-cum-Data Entry Operator and Data Entry Operator. Sub-Rule (5) of Rule 9 states that the appointment on compassionate ground would be considered against vacant posts if one possess the qualification
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NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 prescribed for that post. Learned Single Judge committed an error in not noticing Rule 9 of 2020 Rules. The learned Single Judge, without noticing sub-rules (4) and (5) of Rule 9 of the 2020 Rules, proceeded to hold that the post of Bill Collector shall be filled up only by way of promotion and the appointment to the said post on compassionate grounds is not permissible.
14. The petitioner, who is working as Attender in respondent No.4-Gram Panchayat, on the ground that she would be denied of opportunity of promotion to the post of Bill Collector could not have challenged the compassionate appointment of respondent No.5. Promotion cannot be claimed as a matter of right. A Government Servant or an employee has no right to seek promotion, but he/she has a right to seek consideration of his/her case for promotion. Even now, it is open for the petitioner to request the Gram Panchayat to consider her case for promotion, but on the ground that promotional opportunity would be curtailed, she cannot challenge the appointment of respondent No.5 on
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NC: 2023:KHC-D:7415-DB WA No. 100216 of 2023 compassionate grounds, that too when Rule-9 of 2020 Rules permits compassionate appointment to the post of Bill Collector.
15. With the above, the writ appeal is allowed, the order of the learned Single Judge dated 11.01.2023 passed in W.P.No.102739/2021 is set aside. Respondent No.4- Gram Panchayat shall implement its resolution dated 30.06.2021 and proceed with the appointment of respondent No.5 as Bill Collector on compassionate grounds.
Pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
Sd/-
JUDGE Sd/-
JUDGE KMS List No.: 1 Sl No.: 7