IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.3490/2019 (S-RES) BETWEEN M. SOWMYA D/O R MANJAPPA AGED ABOUT 21 YEARS TADAGA COLONY SHIVANAI RAILWAY STATION, SHIVANI HOBLI, TARIKERE TALUK, CHICKMAGALUR DISTRICT-577549.
(BY SRI PRUTHVI WODEYAR, ADV.) AND 1. DIRECTOR (GOVERNING & HUMAN RESOURCE) CORPORATE OFFICE, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-09 2. THE EXECUTIVE ENGINEER (V) TRANSMISSION LINE & SUB STATION DIVISION , SHANTA MANON, 2ND FLOOR, GANDHINAGARA MAIN ROAD, SHIVAMOGGA-577202 3. THE EXECUTIVE ENGINEER (V) T.L & S.S.DIVISION, ... PETITIONER B.H.ROAD, VIDYANAGAR, SHIVAMOGGA-577203 4. ASSISTANT ENGINEER (ELC), K.P.T.C.L M.U.S.S, AJJAMPURA-577547 TARIKERE TALUK, CHICKMAGALUR DISTRICT 5. ASSISTANT EXECUTIVE ENGINEER (V), NODAL CENTRE, K.P.T.C.L., TARIKERE, TARIKERE TALUK, CHICKMAGALUR DISTRICT-577549 ... RESPONDENTS (BY SRI S R DODAWAD, ADV. FOR R1 TO R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT ISSUED BY R-2 DATED 15.11.2018 VIDE ANNEXURE-J ETC.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING ‘B’ GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The affidavit by the second respondent explaining his absence is accepted. This court by order dated 26.07.2019 observed as follows:-
“Pursuant to order dated 24.6.2019, following order was passed The petitioner has sought for quashing the endorsement in relation to compassionate appointment issued by the second respondent, who is served and unrepresented. The Registry is directed to issue notice for the personal appearance of the second respondent on the next date of hearing.
List this matter after four weeks.
Even though special notice is issued to the 2nd respondent, he was not present when the matter was called in the morning session.
Sri.S.R. Doddawad, learned counsel sought for pass over of the matter. 2nd respondent is present when the matter is called for the second time. It was submitted that office of the 2nd respondent is not in receipt of the first notice, whereas 2nd respondent’s office is in receipt of notice on 05.3.2019 as is evident from records. Present petition is relates to compassionate appointment. There is no response from the 2nd respondent despite in receipt of the notice as on 5.3.2019. Upon that he stated that he is not in receipt of the notice dated 5.3.2019 as is evident from the postal acknowledgement. Second respondent’s office has put the seal relating to receipt of the Court notice. He is hereby directed to file an affidavit that 2nd respondent office is not in receipt of the notice dated 5.3.2019 by next date of hearing so as to consider further in the matter.
List this matter next week. He should be present in the Court on 2.8.2019. In the meanwhile, 2nd respondent is permitted to file objections to the main petition.
At this juncture 2nd respondent who is present in the Court admits that endorsement dated 15.11.2018 issued to the petitioner is not in accordance with the regulations and he intends to withdraw the same. He is permitted to withdraw and place it on record on the next date of hearing, so also pass a speaking order and produce the same.”
2. Today the learned counsel for the second respondent files a memo. The second respondent is also present before this court. It is submitted that the endorsement impugned in the writ petition has been withdrawn by proceedings dated 31.07.2019 and the same is enclosed along with memo. Memo is taken on record.
3. In view of the memo and the proceedings dated 31.07.2019, the relief sought for in the writ petition stands answered.
4. Learned counsel for the respondents would submit that the matter would be considered afresh. Accordingly, the writ petition stands disposed off by placing on record the memo and the submission of the learned counsel.
It is made clear that the consideration and disposal of the representation for appointment on compassionate ground preferred by the petitioner vide Annexure-G, G1 & G2 to the writ petition shall be considered and disposed off within an outer limit of eight weeks from today.
There shall be no order as to costs.
Chs* CT-HR Sd/- JUDGE