Karnataka High Court
Smt S H Shivalingamma vs The Commissioner on 31 January, 2012
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
-- (By: Sri.Raghavendra G. Gayathri, HICH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH | i IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 318T DAY OF JANUARY 2012 a . BEFORE THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS Smt. S.H. Shivalngamma . _ W/o Late K.G. Hanumanthagoud Age:36 years i R/o House NO.550/5, 1 Main Road. 45 Cross Road. ee Jambanna Compound | : K.B. Layout ~~ ) me "Petitioner (By: Sei M. Mirah Rei. 'Adv.,) AND: 1. . The Commissioner .. », For Sericulture Development . Amd Director Sericuluure Development Office me Bangalore 2 The Chief Manager 2 Government Silk Small Unit . . Tolahunase -. Deavanagere Taluk and District .. Respondents HCGP for R1, R2 Served) This WP is filed under Articles 226 and 227 of the Constitution of India, praying to quash the pel a UGH COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH CC impugned letter dated 16.07.2010 issued by the Rl, at Annexure-G. This petition coming on for Preliminary esriog 7 this day, the court made the following: : ORDER - : Learned Government Pleader is directed te take" os notice for R1. 2. The petitioner contends that her husband K.G. Hanmanthagowda was an -empioyee of the second respondent and died ¢ on 12, 06, 2007. Within one year -- frou "thereetter "petitioner gave 4 representation on 19.04.2008 as per Annexure-A. Annexure-B is the copy of certificate of posting for i" having gent ; Annexure-A requesting the respondent to '. "provide the employment on compassionate ground. Again « or. oF, 10. 2009 the petitioner gave another 7 representation requesting the respondents to provide employment on compassionate grounds. Under the os impugned endorsement the respondents have rejected the claim of the petitioner on the ground that the application dated 07.10.2009 made by the HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH petitioner waa beyond one-year time from the date of death of the employee, hence this writ petition. -- : 3. Heard arguments on both. side and _ ° perused the entire writ papers. 4. In the impugned enidorsement there is no reference with regard to the" envlies "representation given by the petitioner on 19. 04. 2008, . Respondents to verify their records and to find out 'really whether they have received repraventation dated 19.04.2008. If that is 8c. 'then the espondents have to consider the claim af the petitioner 'in accordance with law. Since there is mo > reference to the earlher --_ representation | in the impugned endorsement the same ia liable to be quashed. Accordingly the folowing ORDER
"1. Writ petition is hereby allowed.
2. The impugned endorsement dated 16.07,2010 is hereby quashed. The matter is Bet }e & i sdf _ JUDGE Three weeks time granted to the Government 7 ; Ordered accordingly. 4 remanded to the second respondent for fresh dis posal in accordance with law. Pleader to file memo for appearance. ° Bav DOD HSIN WIVLVNAVA JO LYNOD HSIH VWIVLVNYV JO LUNG HSIN VNVLVNUVH JO LUNOD HDIH VNVLVYNYYR JO Lsnod HOI VAVLVNAVA dO LYNO3 HO