Karnataka High Court
Smt Thejaswini M R vs The President And Administrator on 21 September, 2023
Bench: N S Gowda
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NC: 2023:KHC:34323
WP No. 18305 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 18305 OF 2022 (S-RES)
BETWEEN:
1. SMT THEJASWINI M R
W/O UMESH M N
D/O LATE M C RAMESH
AGED ABOUT 32 YEARS
NO.266, 1ST CROSS,
KAVERI MAIN ROAD,
RAGHAVENDRA NAGAR,
MYSORE-570011.
2. SMT YASHODA
W/O LATE M C RAMESH
AGED ABOUT 53 YEARS
NO.266, 1ST CROSS, KAVERI MAIN ROAD
RAGHAVENDRA NAGAR,
MYSORE-570011.
...PETITIONERS
Digitally (BY SRI. P C SUNITHA., ADVOCATE)
signed by
PANKAJA S
Location: AND:
HIGH
COURT OF
KARNATAKA 1. THE PRESIDENT AND ADMINISTRATOR
T S SUBBANNA SARVAJANIKA
EDUCATION TRUST (R)
VIDYARANYAPURAM
MYSORE-570008
MYSORE DISTRICT.
2. THE SECRETARY
T S SUBBANNA SARVAJANIKA
EDUCATION TRUST (R),
VIDYARANYAPURAM
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WP No. 18305 of 2022
MYSORE-570008
MYSORE DISTRICT.
3. THE HEADMASTER
T S SUBBANNA SARVAJANIKA
HIGHER PRIMARY SCHOOL
PURIGALI, MALAVALLI TALUK,
MANDYA DISTRICT.
4. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS (ADMINISTRATION)
MANDYA DISTRICT, MANDYA-570005.
5. THE BLOCK EDUCATIONAL OFFICER
OF PUBLIC INSTRUCTIONS
MALAVALLI TALUK, MALAVALLI
MANDYA DISTRICT.
6. THE STATE OF KARNATAKA
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
REPRESENTED BY ITS
PRINCIPAL SECRETARY
VIDHANA SOUDHA, BENGALURU-560001.
7. THE STATE OF KARNATAKA
DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE REFORMS
REPRESENTED BY ITS
PRINCIPAL SECRETARY
VIDHANA SOUDHA
BENGALURU-560001.
...RESPONDENTS
(R-1 TO R-3 ARE SERVED AND UNREPRESENTED
BY SRI. HARISHA.A.S., AGA FOR R-4 TO R-7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS AND QUASH THE ENDORSEMENT ISSUED BY R-5 IN
NO.C1.ANU.SHA.ANU.HUDDE,MMO/76/21-22 DATED
12.01.2022 VIDE ANNEXURE-J AND THE ENDORSEMENT
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WP No. 18305 of 2022
ISSUED BY THE R-1 AND 2 IN T.S.S.S.E.T/NO.34/2022-2023
DATED 14.06.2022 VIDE ANNEXURE-K, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. A request of the petitioner for compassionate
appointment was recommended and forwarded to the
Department by the 1st and 2nd respondents. However, the State
Government has taken the stand that the petitioner's request
for being appointed on compassionate grounds cannot be
entertained since she was a married daughter of the deceased
employee, and it, accordingly, rejected the request vide
Annexure-J; and this has been communicated to her by the 1st
respondent vide Annexure-K.
2. The petitioner, being aggrieved by the said
endorsements, is before this Court.
3. This Court in the case of SMT.BHUVANESHWARI
V.PURANIK Vs. STATE OF KARNATAKA & OTHERS - 2021 (2)
KAR.L.J. 126 has held that a married daughter cannot be
discriminated in the matter of compassionate appointment and
she would have to be treated on par with a son.
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WP No. 18305 of 2022
4. It is also not in dispute that pursuant to the said decision,
the State has accepted the same and has also amended the
relevant Rules.
5. In view of the judgment rendered by this Court cited
supra, the impugned endorsements at Annexures-J and K
cannot be sustained and the same are accordingly quashed.
The respondents 4 to 7 are directed to reconsider the case of
the petitioner, notwithstanding the fact that the petitioner is a
married daughter and pass appropriate orders in accordance
with law in light of the judgment cited supra. The said exercise
shall be completed within a period of three months from the
date of receipt of a copy of this order.
Sd/-
JUDGE
PKS
