Karnataka High Court
The State Of Karantaka vs Sri Philip on 12 March, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-K:2132-DB
WP No.201555 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT PETITION NO.201555 OF 2023 (S-KSAT)
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE REFORMS
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR GENERAL
AND INSPECTOR GENERAL
Digitally signed OF POLICE GOVERNMENT OF KARNATAKA
by VARSHA N
RASALKAR NRUPATHUNGA ROAD
Location: High BENGALURU - 560 001.
Court Of
Karnataka
3. THE SUPERINTENDENT OF POLICE
GOVERNMENT RAILWAY POLICE
SOUTH WESTERN RAILWAYS
BENGALURU.
...PETITIONERS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA)
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WP No.201555 of 2023
AND:
SRI. PHILIP
S/O A.G. JOSEPH
AGED ABOUT 29 YEARS
RESIDING AT HOUSE NO.3-3-44
NEAR METHODIST CHURCH
CHRISTIAN COLLEGE
ANADOOR TALUK, BIDAR
DISTRICT BIDAR.
...RESPONDENT
(BY SRI MAHESH PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI OR ANY OTHER WRIT OF THE NATURE
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER
OF DIRECTION TO QUASH THE ORDER DATED 27-09-2019
PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE
TRIBUNAL AT KALABURAGI IN APPLICATION NO.7099/2015
VIDE ANNEXURE-C AND CONSEQUENTLY DISMISS THE
APPLICATION NO.7099/2015 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, H.T.NARENDRA PRASAD
J., MADE THE FOLLOWING:
ORDER
This writ petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 27.09.2019 passed by the Karnataka State Administrative Tribunal at Kalaburagi (for short, 'the Tribunal'), whereby the application filed by the respondent herein is allowed -3- NC: 2024:KHC-K:2132-DB WP No.201555 of 2023 and the endorsement issued by the petitioners herein is set aside directing to consider the case of the respondent herein for appointment on compassionate grounds.
2. For the sake of convenience, parties will be referred to as per their ranking before the Tribunal.
3. The father of the applicant - A.G.Joseph joined the service of second respondent and was posted as a police constable in Government Railways Police, South Western Railways, Bengaluru. Later, he was promoted to the post of Head Constable. On 07.06.2011 he suffered paralysis attack. The Medical Board of Raichur Institution of Medical Science Teaching Hospital, Raichur, after examining him has recommended that he is incapable of doing further service in the post of head constable. The recommendation has been accepted and he has been permitted to retire from the service. A.G.Joseph filed a representation on 24.03.2012 requesting to appoint his son - the applicant on compassionate grounds under Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, '1996 Rules'). A.G.Joseph was permitted to -4- NC: 2024:KHC-K:2132-DB WP No.201555 of 2023 retire from the service with effect from 31.12.2012. The applicant given a representation dated 09.04.2013 seeking for appointment on compassionate grounds under Rule 3A of the Amended Rules of 2011. The respondent, by endorsement dated 06.06.2015 rejected the representation of the applicant. Being aggrieved by the same, he approached the Tribunal by filing A.No. 7099/2015. The said application came to be allowed directing the respondents to consider the case of the applicant for appointment on compassionate grounds. Being aggrieved by the same, the State is before this Court.
4. The learned AGA appearing for the petitioners has raised the following contentions:
(i) Firstly, there was an amendment to Rule 3 of 1996 Rules by Sixth Amendment Rules, 2011. As per Rule 3A, there is a provision for appointment on compassionate grounds to the dependents of the government servants who have retired on medical grounds. That amendment -5- NC: 2024:KHC-K:2132-DB WP No.201555 of 2023 has been withdrawn by Government Order dated 25.10.2013. Therefore, the official respondent has rightly issued the endorsement rejecting the application of the applicant for appointment on compassionate grounds.
(ii) Secondly, even in Government Order dated 25.10.2013, it is clearly stated that all pending applications has to be considered. If there is any false claim, that has to be rejected. In that view of the matter, the authority has rightly rejected the claim of the applicant. Contrary to the Government Order dated 25.10.2013, the Tribunal passed the impugned order. Hence, he sought for allowing the writ petition.
5. Per contra, learned counsel appearing for the respondent/applicant raised the following contentions:
(i) Firstly, as on the date of permitting the applicant's father to retire on medical grounds, there was a rule permitting the dependents to be appointed on compassionate grounds. The applicant's father has been permitted to retire on medical grounds with effect from -6- NC: 2024:KHC-K:2132-DB WP No.201555 of 2023 31.12.2012. Rule 3A Amendment has been withdrawn on 25.10.2013. During the existence of Rule 3A, the application has been filed for appointment on compassionate grounds on 09.04.2013. In terms of Rule 3A of the Amended Rules of 2011, the applicant is entitled for appointment on compassionate grounds. The Tribunal has rightly issued a direction to consider the case of the applicant.
(ii) Secondly, while applicant's father was in service, he suffered paralysis attack. His case has been referred to Medical Board and the Medical Board, after examining him, submitted a report that he is unable to continue in the post of Head Constable. After considering the report, his father has been permitted to retire on medical grounds. The Tribunal, after considering all these aspects of the matter and after going through the records, rightly allowed the application. Hence, he sought for dismissal of the writ petition.
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6. Heard the learned counsel for the parties and perused the writ papers.
7. The applicant's father A.G.Joseph had joined the service of second respondent to the post of police constable and he was working in Government Railway Police, South Western Railways, Bengaluru. Subsequently, he was promoted to the post of head constable. When he was in service, on 07.06.2011, he had suffered paralysis attack. The official respondent has constituted a Medical Board of Raichur Institute of Medical Science Teaching Hospital, Raichur to examine the father of the applicant. The Medical board, after considering the case of A.G.Joseph submitted a report that he cannot be continued to work in the post of head constable. On the basis of the report submitted by the Medical Board the official respondent permitted the father of the applicant to retire from the service on medical grounds with effect from 31.12.2012. On 13.10.2011, there was an amendment to 1996 Rules called as Karnataka Civil Services (Appointment on Compassionate Grounds) (Sixth -8- NC: 2024:KHC-K:2132-DB WP No.201555 of 2023 Amendment) Rules, 2011. Rule 3A was inserted. The same reads as follows:
" 3A. Appointment of dependents of Government servant retired on medical grounds; (1) Without prejudice to the generality of these rules, dependents of the Government servant retired on medical grounds shall be eligible for appointment on compassionate grounds.
(2) All conditions of eligibility conditions of appointment and the procedure of application and appointment except Rule 9 as applicable to dependents of deceased Government servant under the rules shall mutatis mutandis apply to the dependents of the Government servant retired on medical grounds with effect from the date of his retirement on medical grounds.
Provided that all eligible dependents of Government servant retired on medical grounds on the date of commencement of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Sixth Amendment) Rules, 2011 may apply within one year from the date of commencement of the said rules."
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8. By Government Order dated 25.10.2013, the said Rule has been withdrawn. During the existence of Rule 3A of Amendment Rules, 2011, father of the applicant has been permitted to retire from the service on medical grounds, with effect from 31.12.2012. As per Rule 3A, applicant has submitted an application on 09.04.2013 for appointment on compassionate grounds. The said Rule has been withdrawn on 25.10.2013. As on the date of retirement of the applicant's father and the date of filing the application for compassionate appointment, Rule 3A was in existence. The applicant is entitled for appointment on compassionate grounds if he fulfills all other criterias stated in 1996 Rules. The Tribunal has also considered the records produced by the parties and given a clear finding that the case of the applicant is a genuine as his father was suffering from paralysis while he was in service. His case has been referred to the Medical Board and the Medical Board, after examining, has submitted a report, after considering the report the official respondent has permitted the father of the applicant to retire from the
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NC: 2024:KHC-K:2132-DB WP No.201555 of 2023 service. After considering all these aspects of the matter, the Tribunal has rightly allowed the application. The petitioners have not made out any case to interfere into the order passed by the Tribunal. Accordingly, we decline to interfere with the order of the Tribunal. Hence, petition is dismissed.
9. The petitioners herein, official respondents before the Tribunal are directed to consider the case of the applicant for appointment on compassionate grounds, in accordance with law, within four moths from the date of receipt of a certified copy of this order.
Sd/-
JUDGE Sd/-
JUDGE CM List No.: 1 Sl No.: 54 Ct;Vk