Ningamma W/O Guranna Wali vs The University Of Agricultural ...
2022 Latest Caselaw 9058 Kant

                                 1       W.P.No.202887/2019


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 17TH DAY OF JUNE, 2022

                           BEFORE

  THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

       WRIT PETITION No.202887/2019 (S-RES)

BETWEEN:

Ningamma W/o Guranna Wali,
Age: 38 years,
R/o Wadawadagi,
Tq. Basavana Bagewadi,
Dist. Bijapur.
                                                 ... Petitioner

(By Sri. J.Augustin, Advocate)

AND:

The University of Agriculture Science,
Raichur, Represented by its
Registrar, Agricultural University
Campus, Lingasugur Road,
Raichur-584104.
                                                 ... Respondent
(By Sri. Mahantesh Patil, Advocate)

      This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue a writ of certiorari
to quash the endorsement No.PÀĸÀ/PÀÈ««gÁ/D«-2/21/2018-19
dated 05.04.2019 as per Annexure-F passed by the
respondent and issue a writ or order in the nature of
                                  2       W.P.No.202887/2019


Mandamus by directing the respondent to appoint the
petitioner on the Compassionate Grounds considering
application dated 27.02.2018 as per Annexure-C bearing No.
PÀĸÀ/C«/ªÀiÁªÉãË/¸ÉøÀ/1/194/1340-312/18-19 under the services of
the respondent as per the law and etc.

     This petition coming on for Preliminary Heading in 'B'
Group this day, the Court made the following:

                         ORDER

Heard the learned counsel for the petitioner and

the learned counsel for the respondent.

2. The petitioner has filed the instant writ

petition seeking for the following reliefs:

a) Issue a writ of certiorari to quash the endorsement No.PÀĸÀ/PÀÈ««gÁ/D«-

2/21/2018-19 dated 05.04.2019 as per

Annexure-F passed by the respondent.

b) Issue a writ or order in the nature of Mandamus by directing the respondent to appoint the petitioner on the Compassionate Grounds considering application dated 27.02.2018 as per

Annexure-C bearing No. PÀĸÀ/C«/ªÀiÁªÉãË/¸ÉøÀ/1/194/1340-312/18-19 under the services of the respondent as per the law, in the interest of justice and equity."

3. It is the case of the petitioner that her

mother Smt.Channamma was working as a Farm Labour

in the respondent - University and she died in harness

on 13.07.2014. The petitioner had made an application

seeking appointment on compassionate grounds and the

said application was rejected by the respondent vide

Annexure-F dated 05.04.2019 on the ground that the

petitioner was the married daughter of deceased

Smt.Channamma and therefore, the petitioner was not

entitled for appointment on compassionate grounds.

Being aggrieved by the same, the petitioner has

preferred this writ petition.

4. The learned counsel for the petitioner submits

that the law is settled and it is now held that even the

married daughter of deceased employee would be

entitled for appointment on compassionate grounds and

candidature of a married daughter seeking appointment

on compassionate grounds on the death of the employee

in harness cannot be rejected merely on the ground that

she is a married daughter. He submits that the order

passed by the coordinate Bench of this in the case of

Bhuvaneshwari vs. Puranik and State of Karnataka

Department of Personnel and Administrative

Reforms which is reported in ILR 2021 KAR 5265 has

been affirmed by the Hon'ble Supreme Court in the case

of State of Karnataka vs. C.N. Apoorva Shree in SLP

No.20166/2021 and considering the same, the Division

Bench of this Court in the case of Bhagylakshmi vs.

The State of Karnataka in W.P.No.100533/2022

disposed of on 24.05.2022, in identical circumstances,

has set aside the similar endorsement and has directed

the respondents to consider the claim of the married

daughter for compassionate appointment in the light of

the judgment passed by coordinate Bench of this Court

in the case of Bhuvaneshwari (Supra).

5. The learned counsel appearing for the

respondent, who has filed his statement of objections

does not dispute the submission made by the learned

counsel for the petitioner. However, he submits that the

mother of the petitioner had died in the year 2014 and

her services were regularized only in the year 2018 and

therefore, the petitioner is not entitled for appointment

on compassionate grounds.

6. From perusal of the impugned endorsement,

it is seen that the application of the petitioner seeking

compassionate appointment has been rejected only on

the ground that she is the married daughter of the

deceased employee of the respondent. This Court in the

case of Bhuvaneshwari (Supra) had held that

candidature of a married daughter seeking appointment

on compassionate grounds on the death of the employee

in harness cannot be rejected merely on the ground that

she is a married daughter and the said judgment has

been confirmed by the Hon'ble Supreme Court in the

case of C.N.Aproorva Shree (Supra). Under the

circumstances, the endorsement impugned vide

Annexure-F cannot be sustained. Accordingly, following:

ORDER

The writ petition is allowed. The impugned

endorsement at Annexure-F dated 05.04.2019 is

quashed. The respondent is directed to consider the

claim of the petitioner for compassionate appointment in

the light of the decision of coordinate Bench of this

Court in the case of Bhuvaneshwari (Supra) and pass

appropriate orders as early as possible but not later than

a period of two months from the date of receipt of

certified copy of this order.

Sd/-

JUDGE

Srt CT-SMP