IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO. 4603 OF 2017 (S-RES) BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE - 560001 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, 9TH FLOOR V V TOWERS DR AMBEDKAR VEEDHI BENGALURU – 560001 ... APPELLANTS (BY SRI V SREENIDHI, AGA) AND 1. SMT SRIDEVI DESAI AGED ABOUT 37 YEARS RESIDENT OF D.NO.222/6 C/O SUDHINDRA W/O LATE SRINIVASA N DESAI 3RD MAIN, 3RD CROSS OPP: RAGHAVENDRA MUTT P G BADAVANE DAVANAGERE - 577001 2. THE COMMISSIONER CITY MUNICIPAL COUNCIL DAVANAGERE - 577001 3. THE COMMISSIONER CITY MUNICIPAL COUNCIL RANEBENNUR - 581115 4. THE COMMISSIONER CITY MUNICIPAL COUNCIL NOW MAHANAGARA PALIKE DAVANAGERE - 577001 5. THE CHIEF OFFICER CITY MUNICIPAL COUNCIL HANAGAL - 581104 6. THE CHIEF OFFICER CITY MUNICIPAL COUNCIL THIRTHAHALLI - 577432 SHIVAMOGGA DISTRICT ... RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 23/7/2014 PASSED IN THE WRIT PETITION NO.10873/2011.
THIS APPEAL AND THE INTERLOCUTORY APPLICATION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J, DELIVERED THE FOLLOWING:
JUDGMENT This appeal is presented by the State Government with a delay of 1,024 days.
2. This appeal is directed against the judgment and order, dated July 23, 2014, passed by the Hon’ble Single Judge directing the State Government to consider the case of the petitioner for appointment on compassionate grounds.
3. Briefly stated, the facts of the case are, the husband of the writ petitioner was initially engaged on daily wages as Sanitary Inspector and appointed as a Junior Health Inspector in the year 1988. Thereafter, he worked uninterruptedly till 2010.
4. During the course of his employment, he was transferred to various places. His service book was also opened by the Directorate of Municipal Administration.
5. The petitioner’s husband passed away, while in service, in the year 2010. In these circumstances, she sought for appointment on compassionate basis by filing necessary application, within the stipulated time.
6. The Hon’ble Single Judge has dealt with the issue in extenso, and has recorded a finding that the appellant has extracted the services of the petitioner’s husband from 1998 to 2010, and has treated him as a regular employee.
7. In these circumstances, the Hon’ble Single Judge has directed the appellant to consider the case of the petitioner by issuing appointment on compassionate ground. We see no error in the order passed by the Hon’ble Single Judge.
8. We find no good ground to condone the inordinate delay of 1,024 days. The application for condonation of delay is, therefore, dismissed.
9. Consequently, the writ appeal is dismissed.
10. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*