IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.9588 OF 2019(S-KSAT) BETWEEN 1. THE COMMISSIONER OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD, BENGALURU-560 001 2. THE DIRECTOR (HIGHER EDUCATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU-1 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADMN) ZILLA PANCHAYATH CHICKMAGALUR DISTRICT-577 101 4. THE BLOCK EDUCATION OFFICER THARIKERE TALUK CHICKMAGALURU DISTRICT ... PETITIONERS (BY SRI I THARANATH POOJARY, AGA) AND SRI DAYANAND S S/O LATE B S ASHWATHANARAYANA AGED 29 YEARS, R/AT SHIVANI GRAMA POST SHIVANI HOBLI, THARIKERE TALUK CHICKMAGALUR DISTRICT- 577549 ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.09.2017 IN APPLICATION NO.1531/2014 ANNEXURE-A) PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, DEVDAS J, MADE THE FOLLOWING:
ORDER The Commissioner of Public Instructions and other authorities of the State have preferred this petition assailing the order passed by the Karnataka State Administrative Tribunal (hereinafter referred to as ‘the Tribunal’), which allowed the application filed by the respondent herein and set aside the endorsement dated 23.07.2013 issued by the Deputy Director of Public Instructions. The Tribunal has also directed the petitioners herein to consider the case of the respondent for appointment on compassionate grounds.
2. The respondent’s father Sri B.S.Ashwathnarayan, who was working as Head Master in Government Higher Primary School, Dandoor, Tarikere Taluk, died in harness on 13.02.2010. The respondent made an application on 10.01.2011 seeking appointment on compassionate grounds. An endorsement dated 23.07.2013 was issued, rejecting the application on the ground that the application was filed two years and five months belatedly.
3. The Tribunal, on going through the records has found that the application was indeed made on 10.01.2011 and the same having been made within one year from the date of the death of the Government servant, factually, the allegation of delay was found to be incorrect. The Tribunal also found that after the death of Sri B.S.Ashwathnarayan, a family dispute arose and by virtue of a compromise decree, before the competent Civil Court, it was mutually agreed between the parties that the respondent herein could seek appointment on compassionate grounds. The Tribunal having found that Smt.Gowramma, is the legally wedded wife of the deceased Government servant and the application filed by the respondent complied with the requirements of law, allowed the application filed by the respondent herein.
4. The learned AGA is unable to make out any ground either on facts or on law. We find no merit in the petition. The petition is accordingly rejected.
SD/- JUDGE SD/- JUDGE JT/-