IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.3481 OF 2015 (GM-KEB) BETWEEN:
1. THE DIRECTOR ADMINISTRATION AND HUMAN RESOURCES KPTCL, CAUVERY BHAVAN BENGALURU-09 2. THE SUPERINTENDENT ENGINEER O AND M CIRCLE KPTCL, HASSAN 3. THE EXECUTIVE ENGINEER O AND M SUB-DIVISION KPTCL ARASIKERE PRESENTLY DESIGNATED AS EXECUTIVE ENGINEER (A) O AND M DIVISION, CESC, ARASIKERE.
4. THE ASSISTANT EXECUTIVE ENGINEER O AND M SUB-DIVISION KPTCL HASSAN PRESENTLY DESIGNATED AS ASST. EXECUTIVE ENGINEER (A) (CESCOM) CHAMUNDESHWARI ELECTRICITY SUPPLY CO. LTD., CITY SUB-DIVISION, HASSAN.
...APPELLANTS (BY SMT. SUMANGALA I SIMIMATH FOR SHRI GURUDEV I.GACHCHINAMATH, ADVOCATES`) AND:
UMESH H.C.
S/O. LATE CHANDRASHEKAR AGED ABOUT 26 YEARS R/O NO.10, MAMATHA NILAYA PWD COLONY, HASSAN-573 201 ... RESPONDENT (BY SHRI. B.ROOPESH, ADVOCATE) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.50442/2012 DATED 17/08/2015 THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:
JUDGMENT The Karnataka Power Transmission Corporation Limited (‘KPTCL’ for short) has presented this appeal challenging order dated 17.08.2015 passed by Hon’ble Single Judge in W.P.No.50442/2012 directing KPTCL to appoint the petitioner on compassionate grounds.
2. Smt. Sumangala I.Simimath, learned advocate for KPTCL contends, firstly that there was delay in submitting the application seeking appointment on compassionate grounds. Secondly, as per the notification dated 17.08.2009 (Annexure-J) income of all family members from all sources whether living separately or jointly must be less than the income prescribed by the Board from time to time. Accordingly, she prayed for allowing this appeal.
3. Undisputedly, respondent’s father passed away on 24.05.2008 and application was submitted on 01.04.2009 by the respondent seeking appointment on compassionate grounds. The Hon’ble Single Judge on consideration of material on record has held that income of the deceased employee was Rs.16,000/- per month, whereas, the respondent’s brother was earning a sum of Rs.9,185/- per month. Accordingly, the Hon’ble Single Judge has directed the KPTCL to appoint respondent on compassionate grounds.
4. First ground urged in support of this appeal is delay in filing the application. Application has been submitted after nearly 11 months after death of employee.
5. So far as family income is concerned, deceased employee was earning Rs.16,000/- per month. However, Hon’ble Single Judge has recorded that presently family income is Rs.9,185/- per month.
6. Admittedly, deceased employee was working as Lineman. Keeping in view the post held by the deceased employee and the meager income that the family is getting presently, we are of the view that both grounds urged in this appeal do not merit consideration.
7. Resultantly, this appeal fails and it is accordingly dismissed. Appellants shall comply with Hon’ble Single Judge’s order within four weeks from the date of receipt of a copy of this order.
8. In view of disposal of the appeal, I.A.No.2/2015 does not survive for consideration and it is disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HJ