IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.22176/2019 (S-KSAT) BETWEEN:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF PUBLIC WORKS, ENGINEERING DEPARTMENT, M.S. BUILDING, BENGALURU - 01 2. THE CHIEF ENGINEER O/O CHIEF ENGINEER, COMMUNICATION AND BUILDING (NORTH), SIR M VISHVESWARAIAH ROAD, DHARWARD DISTRICT.
3. THE SUPERINTENDENT ENGINEER P.W.D. CIRCLE OFFICE, KALABURGI 4. THE EXECUTIVE ENGINEER O/O P.W.D. DIVISION, YADGIR.
... PETITIONERS (BY SMT. M.S. PRATHIMA, AGA) AND:
SRI.SAWAN KUMAR S/O. LATE PRANESH, AGED ABOUT 34 YEARS, R/O VENKATARAMANA TEMPLE NEAR, MAJUMDAR GALLI, SHORAPUR, DISTRICT: KALABURAGI ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HON'BLE KARNATAKA ADMINISTRATION TRIBUNAL, BENGALURU DATED 28.09.2015 PASSED IN APPLICATION NO.2823 OF 2007 AT ANNEXURE – A AND ETC.,.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R The respondent-applicant approached the Karnataka Administrative Tribunal upon rejection of his appointment on compassionate ground.
2. The case of the applicant was rejected by the respondents on the ground that the applicant had not made application for appointment on compassionate ground within a period of one year from the date of death of his father. The rejection order of the respondent was set aside by the Tribunal. Rule 5 of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 2000 mandates that the application has to be made within a period of one year from the date of death of the government servant. But this Rule was held to be prospective and not retrospective. In similar matters, this Court has taken a decision that un-amended Act can be made applicable in such circumstances.
3. In the case on hand, the applicant’s father died on 03rd January, 1984 for which Rule 5 of 1986 Rules was applicable since it occupied the field. In similar circumstances, this Court in Writ Petition No.31023 of 2018 decided on 29th July, 2019 has disposed of the writ petition directing the respondents to consider the case of the petitioner as per Rules prevailed then and further made an observation that the consideration is to be made with reference as to whether the application was made under un-amended provisions, and further, to ascertain as to the state of penury and destitute position and to ascertain about the financial crisis and also to examine as to how the applicant was surviving, since the death of his father in the year 1995. In view of the same, this petition also deserves to be dismissed. Ordered accordingly. Petitioner is directed to consider the claim of the respondent within a period of three months from the date of receipt of certified copy of this order.
Sd/- JUDGE Sd/- JUDGE lnn