IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.14624 OF 2018 (S-RES) BETWEEN:
K.N. Mamatha Rani D/o late K.N. Sakamma & late P. Narayana R/at No.31, Uppara Beedhi, Kunigal, Tumkur District -572 101. (By Sri. Karumbaiah T.A., Advocate) AND:
1. State of Karnataka Department of Excise, M.S. Building, Dr. B.R. Ambedkar Road, Bengaluru – 1.
By its Secretary.
2. The Commissioner of Excise Karnataka Okkaliga Bhavan, Hudson Circle, Bengaluru – 2.
3. The Deputy Commissioner of Excise Tumkur District, Tumkur – 572 101.
(By Smt. M.S. Prathima, AGA) …Petitioner …Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Annexure-E the endorsement dated 01.09.2016 issued by R-3 and direct R-3 to appoint the petitioner to a suitable post on compassionate appointment and etc., This writ petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:
ORDER Petitioner’s grievance is in respect of compassionate appointment on account of death of her mother.
2. Petitioner’s mother was working as an Excise Guard in Department of Excise, Government of Karnataka. The post held by the petitioner’s late mother was a civil post. Consequently, petitioner is entitled to compassionate appointment, if any, only against the civil post.
3. Hence, writ petition is not maintainable.
Accordingly, petition stands disposed of reserving liberty to the petitioner to approach the State Administrative Tribunal. If there is any delay in preferring the application, the same shall be taken note of relating to the time spent by the petitioner in the present petition by the State Administrative Tribunal.
Sd/- JUDGE MBM