IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR. H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.33457/2017 (S-KAT) BETWEEN:
P.C.BHAGYALAKSHMI D/O SHRI P.CHANDRASHEKAR AGED ABOUT 35 YEARS R/AT NO.54/2, CUBBONPET BANGALORE – 560 002 ...PETITIONER (BY SMT. P.C.LEELAVATHY, ADVOCATE) AND:
1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE -560 001 2. COMMISSIONER INDUSTRIES AND COMMERCE DEPARTMENT NO.49, 1ST FLOOR, SOUTH BLOCK KHANIJA BHAVAN BANGALORE -560 001 3. JOINT DIRECTOR DISTRICT INDUSTRIES CENTRE HOSPET ROAD BELLARY – 583 102 4. S.NAGARAJ RAO ASSISTANT DIRECTOR DISTRICT INDUSTRIES CENTRE HOSPET ROAD BELLARY – 583 102 …RESPONDENTS (GOVERNMENT ADVOCATE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.06.2017 PASSED BY HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL (ANNEXURE-A) IN APPLICATION NO.1469/2017 ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. This writ petition is directed against the order dated 27.06.2017 passed by the Karnataka State Administrative Tribunal rejecting the petitioner’s application No.1469 of 2017 filed to appoint her on compassionate grounds. The order reads as follows:
“Dr.KBJ(C) 27.06.2017 Inspite of order dated 19.06.2017 directing the applicant to implead Smt.Leelavati T., wife of the deceased government servant as Respondent No.5, the applicant has not complied with the order.
Inspite of the said direction, learned Counsel for the applicant argued that the applicant does not admit that Smt.Leelavati T. is the wife of her father and she does not want to bring her on record.
Under such circumstances, I pass the following:
ORDER Application is rejected for non-compliance of the order dated 19.06.2017.”
2. As could be seen from the Tribunal’s interim order dated 19.06.2017, the Tribunal found that as per Annexure-A14 dated 21.10.2011 issued by the office of the Principal Accountant General (A&E), Karnataka, Bangalore, Smt.Leelavati T. is the wife of the deceased government servant by name Chandrashekar P. Hence, the Tribunal by order dated 19.06.2017 directed the petitioner to implead Smt.Leelavati T. as an additional respondent to the application on the ground that she is a necessary party for adjudication of the case. The petitioner did not comply the said order. Hence, the Tribunal has rejected the application.
3. Having regard to the facts of the case, we find no error in the impugned order to warrant interference. The writ petition is accordingly dismissed. At this stage, learned Counsel for the petitioner seeks leave to apply to the Tribunal for recalling of the order dated 27.06.2017 impugned herein and to implead the aforesaid Smt. Leevathi T. as an additional respondent to the application. Leave sought for is granted. If an application as aforesaid is filed by the petitioner, the Tribunal shall consider the same without being influenced by this order.
We clarify that this order will not come in the way of the petitioner to apply to the Tribunal for recalling of the order dated 27.06.2017 and to implead Smt.Leelavati T. as an additional respondent to the application.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE KSR