Karnataka High Court
The Managing Director Nekrtc And Anr vs Shivakumar S/O Late Shankar on 23 July, 2024
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NC: 2024:KHC-K:5209-DB
WA No.200057 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JULY, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
WRIT APPEAL NO.200057 OF 2023 (S-KSRTC)
BETWEEN:
1. THE MANAGING DIRECTOR,
N.E.K.R.T.C.
KALABURAGI - 585 103.
2. THE DIVISIONAL CONTROLLER,
N.E.K.R.T.C.
KALABURAGI DIVISION NO.1,
KALABURAGI - 585 103
REPRESENTED BY CHIEF LAW OFFICER.
...APPELLANTS
(BY SRI DEEPAK V. BARAD, ADVOCATE)
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON AND:
Location: HIGH
COURT OF
KARNATAKA SHIVAKUMAR
S/O LATE SHANKAR,
AGE: 24 YEARS,
OCC: NIL,
R/O. BHANKUR VILLAGE,
TQ: CHITTAPUR,
DIST: KALABURAGI - 585 102.
...RESPONDENT
(BY SRI NAGARAJ PATIL, ADVOCATE)
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NC: 2024:KHC-K:5209-DB
WA No.200057 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURTS ACT, 1861, PRAYING TO SET ASIDE
THE ORDER DATED 16.03.2023 PASSED BY THE LEARNED SINGLE
JUDGE IN WRIT PETITION NO.201816/2022, CONSEQUENTLY BE
PLEASED TO DISMISS THE WRIT PETITION FILED BY THE
RESPONDENT HEREIN, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS WRIT APPEAL COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR.JUSTICE
N.V. ANJARIA,
and
HON'BLE MR. JUSTICE ASHOK S. KINAGI
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr.Deepak V. Barad, for the
appellant North Eastern Karnataka Road Transport Corporation
and learned advocate Mr. Nagaraj Patil for the respondent-original
petitioner.
2. The appellants-original respondents have called in question
judgment and order dated 16.03.2023 passed by learned Single
Judge, whereby learned Single Judge directed the Corporation to
consider the claim of the petitioner for appointment on
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compassionate basis. The consideration of the representation was
directed on the basis of the circular of the Corporation dated
02.06.2022. The circular dealt with the aspect as to who would be
the dependants of the deceased employee and who could be
considered for the benefit of appointment on compassionate basis.
3. It appears that compromise award dated 12.02.2016 was
passed by the Labour Court. The father of the petitioner died on
27.05.2016 which was three months after passing the compromise
award.
4. It was the case of the original petitioner that without verifying
the true facts, the claim of the petitioner was declined to be
considered on the ground that father of the petitioner died before
passing of the award, whereas it was evident and not disputed that
the father of the petitioner died after passing of the award.
5. The only direction of the learned Single judge is for
consideration of the claim of the petitioner by determining the
petitioner's eligibility to be considered as dependant in terms of the
circular. The original respondents are at liberty to decide in
accordance with the circular and in accordance with law as already
observed by the learned Single Judge.
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6. No ground is made out to interject in the aforesaid order.
7. The appeal is meritless and the same is dismissed.
Sd/-
(N.V. ANJARIA)
CHIEF JUSTICE
Sd/-
(ASHOK S. KINAGI)
JUDGE
SKS/NB
