Karnataka High Court
Shreyas S/O Bhalachandra Jabshetti vs Shri Pradeep P on 20 September, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2023:KHC-D:10896-DB
CCC No. 100153 of 2023
C/W WA No. 100413 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CIVIL CONTEMPT PETITION NO. 100153 OF 2023
C/W
WRIT APPEAL NO. 100413 OF 2023
IN CCC NO.100153 OF 2023:
BETWEEN:
SHREYAS S/O. BHALACHANDRA JABSHETTI
AGE: 32 YEARS, OCC: NIL
R/O: NO. 202, YANAMPETH TERBAZAR,
RAMDURG-591 123, DIST: BELAGAVI
...COMPLAINANT
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
KM
SOMASHEKAR
HIGH COURT OF
KARNATAKA 1. SHRI. PRADEEP P.,
DHARWAD
BENCH AGE: MAJOR,
2023.09.27
11:06:20 +0530 THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
BENGALURU-01.
2. THE STATE OF KARNATAKA
REP. BY ADVOCATE GENERAL,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...ACCUSED
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE)
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NC: 2023:KHC-D:10896-DB
CCC No. 100153 of 2023
C/W WA No. 100413 of 2023
THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND
12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA,1950, PLEASED TO EXERCISE ITS
JURISDICTION UNDER SECTION 12 OF THE CONTEMPT OF COURTS
ACT AND TO PUNISH THE ACCUSED FOR VIOLATING THE ORDER
DATED 06/01/2023 PASSED IN W.P.NO.101849/2022, VIDE
ANNEXURE-A.
IN WA NO.100413 OF 2023:
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHAN SOUDHA, BENGALURU-01.
2. THE COMMISSIONER
DEPT., OF COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
BENGALURU -01.
3. THE REGIONAL JOINT DIRECTOR
DEPT., OF COLLEGIATE EDUCATION,
BELAGAVI DIVISION, DHARWAD-580001.
...APPELLANTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE)
AND:
1. SRI. SHEYAS S/O. BHALCHANDRA JABSHETTI
AGE: 32 YEARS, OCC: NIL,
R/O: NO. 202, YANAMPETH, TERBAZAR,
RAMDURG-591123, DIST: BELAGAVI.
2. THE PRINCIPAL
C.S.BEMBALAGI ARTS,
M.R.PALARESHA SCIENCE AND
G.L.RATHI COMMERCE, COLLEGE,
RAMDURG-591123, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI.DINESH M.KULKARNI, ADVOCATE FOR R1)
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NC: 2023:KHC-D:10896-DB
CCC No. 100153 of 2023
C/W WA No. 100413 of 2023
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, CALL FOR
RECORDS; SET ASIDE THE JUDGMENT DATED 06.01.2023 PASSED
BY THE LEARNED SINGLE JUDGE IN W.P.NO.101849/2022 (S-RES).
THIS CONTEMPT PETITION AND WRIT APPEAL COMING ON
FOR ORDERS, THIS DAY, S.R.KRISHNA KUMAR J., PASSED THE
FOLLOWING:
ORDER
1. This Intra Court Appeal by the State is directed against the impugned order dated 06.01.2023 passed in W.P.No.101849/2022, whereby the said petition filed by the respondent No.1-writ petitioner was allowed by the learned Single Judge.
2. Heard the learned Government Advocate for the appellant-State and the learned counsel appearing for respondent No.1 and perused the material on record.
3. The material on record discloses that respondent No.1 is the daughter of late Smt.Drakshayani Somappa Naragund, who was working as Library Assistant at CSB Science and Commerce College, Ramdurga, which was an aided educational institution. The said Smt.Drakshayani expired on 12.05.2021 on account of Covid-19 pandemic, pursuant to which, the respondent -4- NC: 2023:KHC-D:10896-DB CCC No. 100153 of 2023 C/W WA No. 100413 of 2023 No.1-writ petitioner made an application seeking appointment on compassionate ground under the provisions contained in Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, 'Rules of 1996'). The said request of the respondent No.1 having been rejected by the appellant- State, which issued endorsements dated 24.08.2021 and 01.12.2021, the respondent No.1 submitted representations to the appellant-State which was not complied with and led to the respondent No.1 preferring the instant petition before this Court seeking quashing of the aforesaid endorsements and for other reliefs.
4. The said writ petition was contested by the appellant-State inter alia contending that the said Rules of 1996 were not applicable to the employees of aided institutions and that by virtue of Rule 8(2) of the Karnataka Educational Institution (Collegiate Education) Rules 2003 (for short, 'Rules of 2003'), educational institution where Smt.Drakshayani was working had become permanently un-aided and consequently, -5- NC: 2023:KHC-D:10896-DB CCC No. 100153 of 2023 C/W WA No. 100413 of 2023 respondent No.1 was not entitled to seek appointment on compassionate grounds.
5. After hearing both the sides, the learned Single Judge proceeded to allow the petition inter alia coming to the conclusion that respondent No.1-writ petitioner was entitled for appointment on compassionate grounds in the light of the following judgments of this Court:
i) Bheemashankar Vs.The State of Karnataka, W.P.No.81882/2009, 08.11.2012
ii) The State of Karnataka Vs.Bheemashankar S/o Late Anna Rao, Writ Appeal No.200235/2017,
06.09.2019
iii) Shri Moulali S/o Mehaboobsab Tonnikeri Vs.The Principal Secretary, Writ Petition No.103708/2015, 23.04.2016
6. Aggrieved by the impugned order passed by the learned Single Judge, the State is before this Court by way of this present appeal.
7. A perusal of the material on record and the rival contentions will indicate that though several contentions -6- NC: 2023:KHC-D:10896-DB CCC No. 100153 of 2023 C/W WA No. 100413 of 2023 have been urged by both sides in support of their respective claims, since the Learned Single Judge has directed reconsideration of the claim of the respondent No.1 for compassionate appointment without expressing anything on the merits and de-merits of the rival contentions, we deem it just and appropriate to dispose of this petition without interfering with the impugned order and by directing the appellant-State to re-consider the claim of respondent No.1 for compassionate appointment bearing in mind the Government Order dated 28.11.1998 as well as the aforesaid judgments of this Court and other Government Orders, if any, which may be applicable to the respondent No.1 in accordance with law as expeditiously as possible at any rate within a period of one month from the date of receipt of a copy of this order.
8. It is also relevant to state that though the learned Government Advocate places reliance on the communication dated 01.02.2002, which purports to state that 1996 Rules are not applicable to aided institutions, a perusal of the said communication and its annexures will -7- NC: 2023:KHC-D:10896-DB CCC No. 100153 of 2023 C/W WA No. 100413 of 2023 indicate that earlier Government Order dated 28.11.1998 has not been withdrawn/ superseded /rescinded/revoked under the said communication.
9. In view of the disposal of the writ appeal, the contempt proceedings are closed, reserving liberty in favour of the appellant to seek revival of the contempt petition, if need so arises.
Sd JUDGE Sd JUDGE KGK List No.: 1 Sl No.: 14