Karnataka High Court
Smt. Lakshmi vs Karnataka State Legal Service ... on 19 December, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2023:KHC:46305
WP No. 26575 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 26575 OF 2023 (S-RES)
BETWEEN:
1. SMT. LAKSHMI
W/O. LATE K. RAJU @ RAJA,
AGED ABOUT 46 YEARS,
2. SRI. R. SANDEEP KUMAR
S/O. LATE K. RAJU @ RAJA,
AGED ABOUT 30 YEARS,
3. RUKMINI
S/O. LATE K. RAJU @ RAJA,
AGED ABOUT 28 YEARS,
ALL ARE RESIDING AT NO.#157,
1ST MAIN ROAD,
BEHIND SHANIMAHATMA TEMPLE,
B. NARAYANAPURA, BANGALORE NORTH,
Digitally BANGALORE-560 016.
signed by
KIRAN ...PETITIONERS
KUMAR R (BY SRI. K R NAGARAJA., ADVOCATE)
Location:
HIGH
COURT OF AND:
KARNATAKA
1. KARNATAKA STATE LEGAL SERVICE
AUTHORITY, 'NYAYA DEGULA',
1ST FLOOR, H. SIDDAIAH ROAD,
BENGALURU-560 027.
REPRESENTED BY ITS MEMBER SECRETARY.
...RESPONDENT
(BY SMT.B.V.VIDYULATHA, ADVOCATE)
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NC: 2023:KHC:46305
WP No. 26575 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR THE RECORDS IN FILE NO. KSLSA.108/ADM/1996 ON THE
OFFICE OF RESPONDENT AND QUASH THE IMPUGNED
ENDORSEMENT DATED 18/05/2023 BEARING NO.
KSLSA.108/ADM/1996 PASSED BY THE RESPONDENT AS PER
ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The prayer in this Writ Petition is for a direction
to quash Annexure-A by which the Karnataka State
Legal Services Authority have stated that it would be
impermissible for them to consider the claim of the son of
the deceased, K.Raju for compassionate appointment.
2. The facts of the case reveal that K. Raju passed away
while in service, leaving behind him, his wife and two
children.
3. It is also not in dispute that a rival claim was also put
up by one Smt.Dhana Lakshmi, claiming to the second
wife and it is also not in dispute that the Karnataka State
Legal Services Authority did try a re-conciliation and
NC: 2023:KHC:46305
ultimately, since the re-conciliation failed, the parties were
forced to approach the Civil Court in O.S. No.184/2006
and the same was ultimately decreed holding that the first
petitioner herein was the legally wedded wife of K. Raju
and the second and third petitioner were the children born
out of their wedlock and that they were the beneficiaries
to receive the service benefits of K. Raju.
4. In my view, in the light of this judgment, the
Karnataka State Legal Services Authority would be
required to consider the claim of the second petitioner for
being appointed on compassionate grounds.
5. Learned counsel, Smt.B.V.Vidyulatha, however,
strongly contends that no application was filed seeking for
compassionate appointment within a period of six months
to which learned counsel, Sri K. Nagaraja contends that a
representation was given requesting for conferring all such
benefits that the petitioners were eligible.
NC: 2023:KHC:46305
6. In my view, having regard to the fact that the
deceased was a driver and the first petitioner was
illiterate, it would be appropriate to consider the claim
made for grant of all benefits on a request for
compassionate appointment also. The Karnataka State
Legal Services Authority is, therefore, directed to consider
the claim of any of the petitioners, who are eligible to be
appointed on compassionate grounds and pass appropriate
orders within a period of three months from the date of
receipt of a copy of this order. As a consequence,
Annexure-A shall stand quashed.
Sd/-
JUDGE
HNM
