Karnataka High Court
The Director vs Kumari Anusha on 28 June, 2019
Bench: L.Narayana Swamy, R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2019
:PRESENT:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
AND
THE HON'BLE MR. JUSTICE R.DEVDAS
WRIT PETITION NO.22175 OF 2019 (S-KSAT)
BETWEEN
1. THE DIRECTOR,
DEPARTMENT OF PRINTING,
STATIONERY AND PUBLICATION,
R.V. COLLEGE POST,
BENGALURU.
2. THE DEPUTY DIRECTOR,
DEPARTMENT OF PRINTING,
STATIONERY AND PUBLICATION,
SARASWATHIPURAM,
MYSURU.
... PETITIONERS
(BY SRI I.THARANATH POOJARY, AGA)
AND
KUMARI ANUSHA,
D/O LATE TARAKESHWARA.T,
AGED ABOUT 19 YEARS,
GURUVAIAHNA KOPPALU,
THAMMANDANAHALLI,
BETTADAURA, HOBLI,
PERIYAPATNA TALUK,
MYSURU DISTRICT - 571108.
... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO INTERFERE
IN THE MATTER AND SET ASIDE THE ORDER DATED
28.03.2018 IN APPLICATION BEARING NO.1629/2016
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(ANNEXURE-C) PASSED BY THE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, DEVDAS J, MADE THE FOLLOWING:
ORDER
The respondent made an application seeking appointment on compassionate grounds. Her father Sri T.Tarakeshwara, was serving in the Department of Printing, Stationery and Publications, at Mysuru and died in harness on 14.02.2014. The ground on which the application was rejected is that though the respondent is the only legal heir, unmarried, but after a divorce of her parents, the respondent was living with her mother and therefore, she was not dependent on her father.
2. The learned Additional Government Advocate appearing for the petitioners submits that Rule 2(1)(a) of The Karnataka Civil Services (Compassionate Appointment) Rules, 1996, would provide that in the case of a male Government servant, his widow, son, unmarried daughter and widowed daughter who were dependent upon him and were living with him are 3 entitled for compassionate appointment. Since the Rule very clearly specifies that whether it is the widow, son, unmarried daughter or widowed daughter, they are entitled for appointment only if they were dependent upon him and living with him. On facts, when it was investigated by the authorities, it was found that the respondent is living with her mother, under her care and protection.
3. After having heard the learned AGA and perusing the writ papers, we are of the opinion that this petition is not well merited. It is seen that the Karnataka State Administrative Tribunal has rightly come to a conclusion that even a married daughter was held to be eligible for appointment on compassionate grounds, in the case of Mrs.Netra S. Vs. State and Others, in Application No.9763/2015, which was decided by the Tribunal on 27.10.2017. The Tribunal has taken note of the fact that though the respondent was living with her mother, due to the matrimonial dispute between the parties, it cannot be held that she was not dependent on the father. There is nothing on 4 record to suggest that the respondent was not dependent on the father.
4. For the reasons stated above, we hold that the petition lacks merit and therefore, deserves to be dismissed at the preliminary stage, without notice to the respondent.
The petition is accordingly dismissed.
SD/-
JUDGE SD/-
JUDGE JT/-