1. The legality and correctness of the order passed by the learned Single Judge in Writ Petition No.4409/2007 dt.21.3.2007 is called in question in this appeal.

2. On an earlier occasion, a Coordinate Bench of this court dismissed the Appeal on 28th September 2010 stating that the appellant being the son of the second wife of deceased Government employee, he is not entitled for an appointment on compassionate grounds. The Judgment of Coordinate Bench was taken up by the appellant before the Hon. Supreme Court in Civil Appeal No.9160/2013. The Hon. Apex Court by its order dt. 17th October 2013 set aside the decision of the Coordinate Bench of this court and remitted the matter to this court for fresh consideration in the light of the Judgment delivered by the Hon. Supreme Court in VIDHYADHARI AND OTHERS VS. SUKHRANA BAI AND OTHERS reported in 2003(2) SCC 238. In view of the specific direction issued bv the Hon. Apex court, we have reheard this matter.

3. We have heard the learned counsel for the parties.

4. At the time of filing the appeal there was a delay of 1214 days in filing the appeal. The Coordinate Bench which heard the matter without considering the I.A. filed by the appellant for condoning the delay disposed off the appeal on merits. Since the Judgment of the Coordinate Bench has been reversed by the Hon. Supreme Court and the matter is remanded to the High Court for fresh consideration in the light of the Judgment in Vidhyadhari's case, we are of the opinion that since the Coordinate Bench on an earlier occasion has disposed off the matter on merits and the Hon. Supreme Court has directed this court to reconsider the matter, we condone the delay of 1214 days. Accordingly, the delay is condoned.

6. The facts of this appeal are as hereunder:

One Jayaramu was working as Lineman in the office of the Assistant Executive Engineer(Electrical); Kanakapura Taluk. While in service he died on 29.1.2005. The appellant's father -Jayaramu had married one Jayalakshmi, who died on 4.11.2004. The appellant's mother - Padmavathi is the 2nd wife of Jayaramu and the appellant is the only son to them. Through his first wife - Jayalakshmi, Jayaramu has three daughters by name, Roopa, Rekahavathi and Jyothi. They are all married and settled in their life. After the death of his father-Jayaramu, the appellant made an application to consider his case for appointment on compassionate grounds. The same was not considered on the ground that he is born to his second wife and that he being an illegitimate son is not entitled for compassionate appointment.

7. The same was questioned by the appellant before the learned Single Judge. The learned Single Judge rejected the petition on the ground that the appellant being an illegitimate son is not entitled for appointment on compassionate grounds. Therefore, the present Writ Appeal is filed.

8. The main contention of the appellant's counsel are as hereunder:

According to him, the family pension has been settled by the respondent in favour of his mother -Padmavathi and all claims after the death of his father are also settled. He being the only son born to Padmavathi and Jayaramu, is entitled for an appointment on compassionate grounds. According to him, when the Hon. Supreme Court in several cases held that an illegitimate son is also entitled for a share in the property of his father on par with the children born to the legally wedded wife, the respondent could not have denied the appointment on compassionate grounds. He further submits that in similar circumstances, the Hon. Supreme Court had an occasion to consider the matter in VIDHYADHARI AND OTHERS Vs. SUKHRANA BAT AMD OTHERS reported in (2008) 2 SCC 238. The Hon. Supreme Court while dealing with the question whether the 2nd wife during the life time of the legally wedded wife is entitled to file an application for grant of succession certificate to claim the pensionary benefit and other death benefit of her husband, considering th