IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION Nos.51291-292 OF 2017 (S-RES) Between:
1. Smt. Umadevi W/o Late N.Somashekarappa, Aged about 46 years.
2. Sunil Kumar Late N.Somashekarappa, Aged about 25 years.
Both are residing at Karekyathanahalli Village, Madde Post, Nidagal Hobli, Pavagada Taluk, Tumkur District - 572116. ... Petitioners (By Sri.Pratha Kumar.M.S, Advocate) And:
1. State of Karnataka By it’s Secretary, Department of Rural Development and Panchayath Raj, 3rd Floor, M.S.Building, Bengaluru – 560001.
2. The Chief Executive Officer, Zilla Panchayathi, Tumkur – 572101.
3. The Chief Executive Officer, Taluk Zilla Panchayathi, Tumkur – 572115.
4. Smt. Sharadamma 2nd W/o Late N.Somashekarappa, Aged about 37 years, Residing at Karekyathanahalli Village, Madde Post, Nidagal Hobli, Pavagada Taluk – 572116. ...Respondents (By Sri.Sridhar.N.Hegde, HCGP for R1 Sri.A.Nagarajappa, Advocate for R2 and R3 Sri.K.P.Jayasimha, Advocate for R4) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the endorsement dated 20.12.2016 vide Annexure-J issued by the 3rd respondent in favour of the petitioner and to direct the respondent No.3 consider the representation dated 02.02.2013, and remainders dated 25.02.2016 and 11.11.2016 issued by the petitioners at Annexures C, G and H.
These petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER R.DEVDAS J., (ORAL):
Petitioner No.1 is the first wife and petitioner No.2 is the elder son of the deceased Somashekarappa.N, who was working as Secretary at Heggere Village Panchayath. Sri.Somashekarappa.N passed away on 05.01.2013, during the course of his employment. Petitioners made a representation to respondent Nos.1 to 3 seeking death benefits and compassionate appointment to the petitioner No.2 herein. Objections were filed by the respondent No.4 claiming that she is the second wife of the deceased Sri.Somashekarappa.N.
2. It is submitted that the petitioners herein filed O.S.No.109/2016 on the file of the Civil Judge and JMFC, Pavagada and similarly P & SC No.2/2016. The petitioners are before this Court since an endorsement was issued by the respondent No.2 – Executive Officer of the Taluk Panchayat, Tumkur on 20.12.2016, stating that the application seeking compassionate appointment cannot be disposed of since O.S.No.109/2016 and P & SC No.2/2016 are pending consideration.
3. The parties have now filed a joint memo dated 25.03.2019, amicably settling the dispute. As per the joint memo respondent No.4 has no objection for the 2nd petitioner’s application being allowed and he being appointed on compassionate grounds. Similarly the petitioners have no objection for the respondent No.4 to withdraw Rs.1,20,000/- which has enured to the benefit of the deceased under Group Insurance. It is also stated that the parties have settled the dispute before the trial Court in O.S.No.109/2016. The petitioners herein have paid a sum of Rs.1,00,000/- to respondent No.4 towards full and final settlement in respect of the retirement benefits of the deceased Sri.Somashekarappa.N.
4. Joint memo is taken on record. This petition is disposed of in terms of the joint memo dated 25.03.2019. It is ordered accordingly.
SD/-
JUDGE NS