Karnataka High Court
Sri Ranganath vs Karnataka Power Transmission on 9 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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WA No. 2457 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT APPEAL NO.2457 OF 2014 (S)
BETWEEN:
1. SRI. RANGANATH
S/O LATE N. RAMAIAH
AGED ABOUT 30 YEARS,
NO.24/25, NEAR SOLLAPURA TEMPLE
ULLAL MAIN ROAD, AMRUTH ASHRAMA
BANGALORE-560001.
...APPELLANT
Digitally signed (BY SRI. J. PRASHANTH, ADV.,)
by RUPA V
Location: High AND:
Court of
Karnataka
1. KARNATAKA POWER TRANSMISSION
CORPORATION LTD., (KPTCL)
REP. BY ITS DIRECTOR (ADMN. & H.R.)
CAUVERY BHAVAN, BANGALORE-560 009.
2. THE DIRECTOR
(ADMIN & HRD\)
KPTCL , CAUVERY BHAVAN
BANGALORE-560009.
3. THE BESCOM
REP. BY ITS MANAGING DIRECTOR
K.R. CIRCLE, BANGALORE-560001.
...RESPONDENTS
(BY SMT. ANU BHARADWAJ, ADV., FOR
SRI. HARIKRISHNA S. HOLLA FOR R1 & R2, ADV.,)
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WA No. 2457 of 2014
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.8600/14 DATED 18/7/14.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal has been filed against the
order dated 18.07.2014 passed by the learned Single
Judge by which the writ petition preferred by the
appellant has been dismissed.
2. Facts leading to filing of this appeal briefly
stated are that on 07.10.2002 the father of the appellant
went missing. The mother of the appellant moved an
application to the Director of Karnataka Power
Transmission Corporation Limited (KPTCL) seeking
appointment on compassionate grounds, which was
rejected by an order dated 10.03.2010. The appellant
WA No. 2457 of 2014
thereafter obtained a decree from the civil court seeking
a declaration that his father viz., N.Ramaiah is dead.
3. On the basis of the aforesaid decree a death
certificate was issued by Bruhat Bangalore Mahanagar
Palike (BBMP) on 16.07.2011. The appellant filed a writ
petition viz., W.P.No.2852/2012 in which a prayer was
sought to appoint him on compassionate basis. The
aforesaid writ petition was disposed of by an order dated
19.06.2012 with a direction to consider the case of the
appellant for consideration of appointment on
compassionate basis. The KPTCL however, by an
endorsement dated 23.01.2013 rejected the claim of the
appellant. The appellant challenged the aforesaid
endorsement in a writ petition viz., W.P.No.8600/2014.
The learned Single Judge by an order dated 18.07.2014
has dismissed the writ petition. In the aforesaid factual
background, this appeal has been filed.
WA No. 2457 of 2014
Learned counsel for the appellant submitted that
the appellant is entitled to seek appointment on
compassionate basis.
We have considered the submissions made by
learned counsel for the appellant and have perused the
record. It is trite law that appointment on
compassionate basis cannot be claimed as a matter of
right. The learned Single Judge on perusal of the record
has found that a member of the family viz., brother of
the appellant is already in service. The learned Single
Judge has therefore, held that the appellant is not
entitled to seek appointment on compassionate basis.
We do not find any ground to interfere with the
order passed by learned Single Judge.
WA No. 2457 of 2014
In the result, the appeal fails and is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
SS
