IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.55517/2015 (S-RES) BETWEEN SHARATH S/O LATE VENKATESH AGED ABOUT 25 YEARS R/O. 4TH MAIN ROAD 9TH CROSS, HEMAVATHINAGARA HASSAN-573 201 (BY SRI GIRISH B BALADARE, ADVOCATE) AND 1. EXECUTIVE ENGINEER CHESCOM, WORKS AND EXECUTIVE DIVISION NEAR NEW BUS STAND MYSORE ROAD HASSAN-573201 2. ASSISTANT EXECUTIVE ENGINEER CHESCOM, WORKS AND EXECUTIVE DIVISION RURAL SUB DIVISION-1 SANTHEPETE HASSAN-573201 3. KUSUMA W/O LATE VENKATESH AGED ABOUT 44 YEARS R/O GUDENAHALLY KOPPALU VILLAGE J H KERE POST, KASABA HOBLI NEAR BELUR ROAD, PETROL BUNK ... PETITIONER HASSAN TQ AND DISTRICT-573201 4. SACHIN K V S/O LATE VENKATESH AGED ABOUT 22 YEARS, R/O GUDENAHALLY KOPPALU VILLAGE J H KERE POST, KASABA HOBLI NEAR BELUR ROAD, PETROL BUNK HASSAN TQ AND DISTRICT-573201 5. JYOTHI D/O LATE VENKATESH AGED ABOUT 33 YEARS R/O HANCHAHALLY VILLAGE KASABA HOBLI HASSAN TALUK & DISTRICT – 573201 6. ASHA W/O MOHAN AGED ABOUT 30 YEARS R/O BEHIND LOKAMUTHU SARIGE SANTHEPETE, KASABA HOBLI, HASSAN – 573201.
... RESPONDENTS (BY SRI G C SHANMUKHA, ADVOCATE FOR R1 SRI VEERANNA G TIGADI, ADVOCATE FOR R3 & R4 SRI JAGADISH H T, ADVOCATE FOR R5 & R6 NOTICE TO R2 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO CONSIDER THE APPLICATION FILED BY THE PETITIONER TO GET THE APPOINTMENT ON THE COMPASSIONATE GROUND ON 22.03.2012 AS PER THE ANNEXURE-C AND GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENTS NO.1 & 2 NOT TO DISBURSE ANY SERVICE BENEFITS AND PENSION TO THE R-3 PENDING DISPOSAL OF THIS WRIT PETITION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The petitioner is the son of late Sri Venkatesh, through the first wife Smt.Shivamma and respondent Nos.5 and 6 are the daughters of Venkatesh and Shivamma. Respondent No.3-Smt.Kusuma, is the second wife of Late Sri Venkatesh. Sri Sachin K.V.-respondent No.4 is the son of Venkatesh and Smt.Kusuma.
2. Late Sri Venkatesh was working as Meter Reader in the office of Assistant Executive Engineer, CHESCOM, Works and Executive Division, Hassan. The dispute brought before this Court is regarding rival claim for compassionate appointment on account of the death of late Venkatesh.
3. The parties have entered into a settlement and the same has been written down in the form of a joint memo filed by all the parties herein. According to the joint memo, respondent No.4-Sachin K.V., may be considered for appointment on compassionate grounds. The petitioner- Sharath will take all the service benefits of late Sri Venkatesh and all the insurance policies including LIC policies, bonds which were taken in the name of late Sri Venkatesh. Smt.Kusuma-respondent No.3, wife of late Venkatesh, will take the pensionary benefits. The parties have no objection for this arrangement.
4. The petition is disposed of in terms of the joint memo dated 28.01.2019 filed by all the parties.
5. At this juncture, learned Counsels would submit that the petitioner-Sri Sharath had filed the application for appointment on compassionate grounds within the stipulated time. On the other hand, Sri Sachin-respondent No.4 filed the application at a belated stage. Since the parties have amicably settled the issue, respondent nos.1 and 2 may consider the application filed by respondent No.4-Sachin K.V., for appointment on compassionate grounds, without going into the question of delay.
JT/-
SD/- JUDGE