IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.44 OF 2019 (S-KAT) BETWEEN:
1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION, REPRESENTED BY ITS SECRETARY GOVERNMENT, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001.
2. COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, K.R. CIRCLE, NRUPATUNGA ROAD, BENGALURU-560 001.
3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BELAGAVI DISTRICT, BELAGAVI-590 001.
4. BLOCK EDUCATION OFFICER GOKAK TALUK, GOKAK-591 307, BELAGAVI DISTRICT.
5. DIVISIONAL COMMISSIONER NOW REDESIGNATED AS REGIONAL COMMISSIONER, OFFICE OF THE DIVISIONAL COMMISSIONER, BELAGAVI-590 001.
6. CONTROLLER OFFICE OF THE CONTROLLER, KARNATAKA STATE ACCOUNTS DEPARTMENT, VI FLOOR, KAVERI BHAVAN, BENGALURU-560 009.
... PETITIONERS (BY SRI I. THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE) AND:
SRI SHAHANUR MARUTHI DYAMANAGOLA PATIL SON OF MARUTHI BHEEMARAO DYAMANAGOLA PATIL, AGED ABOUT 36 YEARS, CARE OF BHEEMESHAPPA APPARAYA NANDHI, WADERHATTI (POST), GOKAK TALUK-591 307, BELAGAVI DISTRICT.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.07.2018 PASSED IN APPLICATION STATE ADMINISTRATIVE NO.2675 OF 2006 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU AT ANNEXURE-A AND ETC.
***** THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH, J., PASSED THE FOLLOWING:
ORDER The case of the respondent is that his father was working as an Assistant Teacher. That he died while in service on 03.02.1993 in harness. On that day, the applicant was a minor. He prayed for an appointment on ‘Compassionate Grounds’, on he attaining the age of majority. The Divisional Commissioner, Belgaum issued orders for compassionate appointment, of several persons including the applicant. The applicant was appointed to the office of the Controller of the State Accounts Department.
2. Thereafter, posting was not given to the applicant and an endorsement was issued rejecting the application of the applicant for appointment on compassionate grounds. Questioning the same, the applicant filed an application before the Tribunal. The Tribunal allowed the application directing the sixth respondent therein to consider the case of the applicant for appointment on compassionate grounds. Questioning the same, the State has filed the instant petition.
3. The learned Government Advocate submits that in terms of the Amended Rule-5 of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996, the application for appointment on ‘compassionate ground’ should be made within one year from the date of the death of the Government Servant. Admittedly, the application herein is filed beyond one year. Therefore, in terms of the said Rule, the applicant cannot be appointed on compassionate grounds.
4. The very question that arises for consideration in the instant writ petition was answered by this Court in an earlier order passed in Writ Petition No.50741 of 2017, dated 11.01.2019. It was held therein that an application for appointment on ‘Compassionate Ground’ could be made within a period of one year from the date of the applicant-
minor attaining majority. Therefore, following the aforesaid order, we do not find any error committed by the Tribunal that calls for any interference. Consequently, the petition is dismissed.
Sd/- Sd/-
JUDGE JUDGE JJ