Miss Pooja, D/O Late ... vs The State Of Karnataka
2022 Latest Caselaw 4033 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 9TH DAY OF MARCH, 2022

                        PRESENT

          THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                   W.A.No.1279/2021

BETWEEN:

MISS POJA, D/O LATE B.H. SIDDAGANGAIAH
AGED ABOUT 31 YEARS,
R/AT NO.1ST FLOOR,
OUTHOUSE 'VENKATADRI NILAYA'
2ND CROSS, R.T. NAGAR,
KOTHITOPU MAIN ROAD,
TUMKUR 572101.
                                          ... APPELLANT
(By Sri Padmanabha. R., Adv.)

AND:

1.   THE STATE OF KARNATAKA
     DEPARTMENT OF EDUCATION,
     M.S. BUILDING,
     VIDHANA VEEDHI,
     BENGALUR 560 001.
     REPRESENTED BY ITS SECRETARY,

2.   THE JOINT DIRECTOR
     OFFICE OF REGIONAL JOINT DIRECTOR
     DEPARTMETN OF COLLEGIATE EDUCATION
     SESHADRI ROAD,
     BENGALURU 560 009.

3.   THE SECRETARY
     SRI UMA PRAGATHI EDUCATION SOCIETY
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     KYATASANDRA
     TUMKUR TLAUK AND DISTRICT 572107.

4.   THE PRINCIPAL
     SRI UMA PRAGATHI FIRST GRADE COLLEGE
     TUMKUR 572104.
                                        ... RESPONDENTS
(By Smt.Vani.H., AGA)

      This writ appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the order of
the Learned Single Judge passed in WP No.42762/2015 dated
20.07.2021 and allow the appeal by directing the respondents
to consider the case of the appellant and provide
compassionate appointment in terms of the provision of the
Karnataka Civil Services (appointment on compassionate
grounds) rules 1996.

      This appeal coming on for Preliminary Hearing, this day,
Alok Aradhe J., delivered the following:

                         JUDGMENT

1. This intra court appeal is filed against the order dated

20.07.2021 passed by the learned Single Judge, by which,

the writ petition filed by the appellant has been disposed of

with a direction to the competent authority to consider the

case of the appellant for appointment on compassionate

grounds in accordance with law within a period of four

months.

2. When the matter was taken up today, learned

Additional Government Advocate, at the outset, pointed out

that in compliance of the order dated 20.07.2021 passed by

the learned Single Judge, the representation submitted by the

appellant has been rejected by order dated 21.09.2021.

Learned Additional Government Advocate has placed the copy

of the order dated 21.09.2021 on record.

3. In view of the aforesaid subsequent development which

has taken place, the appellant is at liberty to challenge the

order dated 21.09.2021 in an appropriate forum in

accordance with law. It is made clear that the contentions

raised in this appeal are kept open to be agitated in the

subsequent proceedings which may be initiated by the

appellant.

With the aforesaid liberty, appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

KK