Bhagyalakshmi W/O Rachayya ... vs The State Of Karnataka
2023 Latest Caselaw 2924 Kant

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                                                       WP No. 103351 of 2023




                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                               DATED THIS THE 6TH DAY OF JUNE, 2023

                                             BEFORE

                           THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                             WRIT PETITION NO. 103351 OF 2023 (S-RES)

                      BETWEEN:

                          BHAGYALAKSHMI W/O RACHAYYA SHANKEAN,
                          D/O GULAYYA HIREMATH,
                          AGE: 40 YEARS, OCC: NIL,
                          R/O. C/O. SHIVALILA HIREMATH,
                          AT & POST: BEVUR,
                          TQ & DIST: BAGALKOT-587115.
                                                            ... PETITIONER
                      (BY SRI. ANAND R KOLLI, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           R/BY ITS PRINCIPAL SECRETARY,
RAKESH S                   DEPARTMENT OF EDUCATION (PRIMARY AND
HARIHAR                    SECONDARY), M.S. BUILDING,
                           DR. AMBEDKAR VEEDHI, BENGALURU-560001.
Digitally signed by
RAKESH S HARIHAR
Location: Dharwad     2.   THE COMMISSIONER,
Date: 2023.06.08           DEPARTMENT OF PUBLIC INSTRUCTION,
11:02:04 +0530
                           NRUPATHUNGA ROAD, BENGALURU-560001.

                      3.   THE DEPUTY DIRECTOR,
                           DEPARTMENT OF PUBLIC INSTRUCTION,
                           BAGALKOT-587101.

                      4.  THE BLOCK EDUCATION OFFICER,
                          DEPT. OF PUBLIC INSTRUCTION, BAGALKOT-587101.
                                                             ... RESPONDENTS
                      (BY SRI. M H PATIL, AGA FOR R1-R4)
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                                        WP No. 103351 of 2023




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
NO.1 AND 2 AUTHORITY TO ISSUE AN ORDER OF
APPOINTMENT IN PURSUANCE OF THE ORDER PASSED IN
WRIT PETITION NO. 100533/2022 DATED: 24.05.2022 PASSED
BY THE LEARNED DIVISION BENCH OF THIS HON'BLE COURT
AS EXPEDITIOUSLY AS POSSIBLE BY FIXING STIPULATED TIME
IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-C
& ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

1. The petitioner has preferred the instant writ

petition seeking for the following reliefs:

i) Issue a Writ of Mandamus directing the respondent No.1 and 2 authority to issue an order of appointment in pursuance of the order passed in writ petition no. 100533/2022 dated: 24.05.2022 passed by the Learned Division Bench of this Hon'ble Court as expeditiously as possible by fixing stipulated time in the interest of justice and equity vide Annexure-C.

ii) Issue a writ in the nature of mandamus thereby directing the respondent No.1, 3 and 4 authorities to consider representation dated 04.06.2022 and 07.06.2022 respectively and direct to pass an appropriate order as expeditiously as possible the

WP No. 103351 of 2023

copy of the representation vide Annexure-D, D1, and D2 respectively.

iii) Grant such other reliefs as this Hon'ble Court deems fit in circumstances of the case in the interest of the justice and equity.

2. Heard the learned counsel for the parties and

also perused the material on record.

3. The father of the petitioner who was working as

Head Master of Modern Primary School, Chikkamyageri

village, Bagalakote taluk and district had died in harness

on 02.04.2018 and application filed by the petitioner

seeking appointment on compassionate ground, was

rejected by the competent authority and the same was

questioned by the petitioner before the Karnataka

Administrative Tribunal in Application No.7322/2018 which

was dismissed by order dated 11.10.2018. The petitioner

has successfully challenged the said order passed by the

Karnataka Administrative Tribunal in WP No.100533/2022

which was disposed of by the Division Bench of this Court

on 24.05.2022 with a direction to the competent authority

WP No. 103351 of 2023

to consider the claim of the petitioner for compassionate

appointment in the light of the judgment of this Court in

the case of Bhuvaneshwari Vs.Puranik and State of

Karnataka Department of Personnel and

Administrative Reforms reported in ILR 2021 Kar

5256. The petitioner thereafter had submitted

representations vide Annexures-D, D1 and D2 on

04.06.2022 and 07.06.2022 respectively. Since the said

representations have not invoked response from the

respondents, the petitioner is before this Court.

4. Learned AGA fairly submits that since this Court

in WP No.100533/2023 has already directed the

competent authority to consider the case of the petitioner,

in the light of the judgment of this Court passed in the

case of Bhuvaneshwari (supra), the competent authority

will consider the same if some time is granted.

5. The said submission is placed on record.

6. Writ petition is disposed of with a direction to

respondent Nos.2 and 3 to consider the representations of

WP No. 103351 of 2023

the petitioner vide Annexures-D, D1 and D2 dated

04.06.2022 and 07.06.2022 respectively wherein prayer is

made by the petitioner for compassionate appointment in

terms of the orders passed by this Court in WP

No.100533/2022 disposed of on 24.05.2022 and pass

appropriate orders in accordance with law, expeditiously,

but not later than a period of two months from the date of

receipt of certified copy of this order.

Sd/-

JUDGE

Kgk/Ct:Bck