Karnataka High Court
Smt. G.B. Karibasamma vs The Manager on 25 July, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:29186
WP No. 12022 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 12022 OF 2023 (S-KSRTC)
BETWEEN:
1. SMT. G.B. KARIBASAMMA,
W/O. LATE H.C. NARAPPA,
AGED ABOUT 49 YEARS,
2. SRI. SANDEEP H.N.,
S/O LATE H.C. NARAPPA,
STUDENT, PUC SCIENCE,
AGED ABOUT 27 YEARS,
BOTH RESIDING AT,
C/o. K.B. UMAPATHI,
HULIKATTE POST,
GANDHINAGAR VILLAGE,
TQ AND DIST. DAVANAGERE
PIN CODE - 577 512.
...PETITIONERS
(BY SRI. DESAI SHARANABASAPPA VIRANNA, ADVOCATE)
Digitally signed by AND:
THEJASKUMAR N
Location: High 1. THE MANAGER,
Court of CHIEF OF THE STAFF,
Karnataka
KSRTC, CENTRAL OFFICE,
SHANTHINAGARA,
BENGALURU-560 029.
2. THE DIVISIONAL CONTROLLER,
KSRTC, DAVANAGERE DIVISION,
DAVANAGERE-08.
3. THE CHIEF PERSONAL MANAGER,
MANAGER, STAFF,
-2-
NC: 2024:KHC:29186
WP No. 12022 of 2023
KSRTC, SHANTHINAGAR,
BENGALURU - 560 029.
...RESPONDENTS
(BY SMT. RENUKA .H. R, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP. THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
(PER: HON'BLE MS. JUSTICE JYOTI MULIMANI)
Sri.Desai Sharanabasappa Viranna., learned counsel for
the petitioner, and Smt.H.R.Renuka., learned counsel for the
respondent have appeared in person.
2. The short facts are these:
It is stated that the husband of the first petitioner namely
H.C.Narappa since deceased, was appointed as a Driver in the
establishment of the Corporation. He remained absent from
duty unauthorizedly from 11.01.2002 onwards. On 07.01.2003,
he was dismissed from service on the charge of unauthorized
absence. On 29.02.2003, the first petitioner submitted a
representation stating that the whereabouts of her husband
had not been known since 11.01.2002, that she lodged a police
NC: 2024:KHC:29186
complaint and the same is closed by the police temporarily as
he is not found. Hence, she claimed benefits available to her
husband. On 03.10.2009, the legal representatives of the
workman filed a suit in O.S.No.507/2009 on the file of Addl.
Civil Judge (Jr.Dn.) Davanagere seeking a declaration to declare
the death of H.C.Narappa, since his whereabouts have not been
known for over seven years. The Trial Court decreed the suit
vide judgment and decree dated 05.04.2010, declaring the civil
death of H.C.Narappa, further directing the respondent
concerned to issue Death Certificate and to disburse the death
benefits.
As the matter stood thus, a request/representation was
made to the Corporation seeking an appointment on
compassionate grounds and to pay all other service benefits of
the workman. The Corporation rejected the prayer. Hence, the
petitioners were compelled to approach this Court by filing a
Writ Petition in No.11138/2012. This Court vide order dated
03.09.2012 disposed of the Writ Petition and accorded liberty
for the petitioners to make a representation. According to the
order, a request was made to the Corporation seeking an
appointment on compassionate grounds. The Corporation
NC: 2024:KHC:29186
rejected the request by issuing an endorsement on 07.12.2022.
It is this endorsement that is called into question in this Writ
Petition on several grounds as set out in the Memorandum of
Writ Petition.
3. Learned counsel for the respective parties urged
several contentions. Heard, the contentions urged on behalf of
respective parties and perused the Writ papers with utmost
care.
4. The facts are sufficiently stated and do not require
reiteration. In the unfortunate case, the petitioner's request for
a compassionate appointment has been denied by the
Corporation. The wife and the son of a deceased worker of the
esteemed Corporation are before this court. It is well known
that a declaration as to civil death is a declaration as to the
status of a person. A declaration as to civil death can be
granted by a Civil Court. Suffice it to note that the whereabouts
of the husband of the first petitioner were not heard for seven
years. Hence, requisite steps were taken by the family
members seeking a declaration of civil death. The Civil Court
decreed the suit on 05.04.2010 and directed the authority
NC: 2024:KHC:29186
concerned to issue a death certificate. The Authority concerned
issued a death certificate as per Annexure-H showing the date
of death as 11.01.2002. If that be so, the workman was in
service as on 11.01.2002 on which date the Civil Court declared
his civil death. The Corporation could not have rejected the
petitioner's request seeking an appointment on compassionate
grounds. Hence, the reasons assigned in the endorsement
cannot be sustained. On facts and in all the circumstances of
the case, this Court deems it proper to direct the Corporation to
consider the petitioners' request seeking an appointment on
compassionate grounds in terms of the Rules and Regulations
prevailing at the relevant point in time i.e., date of request
made for compassionate appointment.
5. The Writ of Certiorari is ordered. The Endorsement
dated:07.12.2022 issued by the second respondent in ¸ÀASÉå:
PÀgÁ¸Á/zÁ«/¹§âA¢/¹-2/2247/2022-23 vide Annexure-K is quashed.
Mandamus is ordered. The Corporation is directed to consider
the petitioners' request seeking an appointment on
compassionate grounds in terms of the Rules and Regulations
prevailing at the relevant point in time i.e., date of request
NC: 2024:KHC:29186
made for compassionate appointment, within three months
from the date of receipt of the certified copy of this order.
6. Resultantly, the Writ Petition is allowed.
Sd/-
(JYOTI MULIMANI)
JUDGE
TKN
