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IN THE HIGH COURT OF KARNATAKA BENCH AT DHARWAD
Alok Aradhe, S Vishwajith Shetty, JJ.
Ranganath - Appellant
Versus
Karnataka Power Transmission Corporation Ltd., (kptcl) Rep. By Its Director (admn. And H.r.) Cauvery Bhavan, Bangalore-560009 & Ors. - Respondents
Writ Appeal No. 2457 of 2014 (S)
Decided On : 09-01-2023
Fact of the Case:
The appellant sought appointment on compassionate grounds after the disappearance of his father. Despite obtaining a decree declaring his father dead and a subsequent death certificate, the appellant's claim for appointment was rejected by the Karnataka Power Transmission Corporation Limited (KPTCL). The appellant filed a writ petition challenging this rejection, which was dismissed by the Single Judge.Finding of the Court:
The court found that appointment on compassionate basis cannot be claimed as a matter of right. Considering that another family member was already in service, the court held that the appellant was not entitled to seek appointment on compassionate grounds. ISSUES Whether the appellant is entitled to seek appointment on compassionate basis.Ratio Decidendi:
Appointment on compassionate basis cannot be claimed as a matter of right, and entitlement is subject to specific circumstances. In this case, the presence of another family member in service influenced the court's decision regarding the appellant's entitlement. FINAL DECISION The appeal was dismissed as the court found no ground to interfere with the order passed by the learned Single Judge.JUDGMENT
Alok Aradhe, J. - This intra court appeal has been filed against the order dated 18.07.2014 passed by the learned Single Judge by which the writ petition preferred by the appellant has been dismissed.
2. Facts leading to filing of this appeal briefly stated are that on 07.10.2002 the father of the appellant went missing. The mother of the appellant moved an application to the Director of Karnataka Power Transmission Corporation Limited (KPTCL) seeking appointment on compassionate grounds, which was rejected by an order dated 10.03.2010. The appellant thereafter obtained a decree from the civil court seeking a declaration that his father viz., N.Ramaiah is dead.
3. On the basis of the aforesaid decree a death certificate was issued by Bruhat Bangalore Mahanagar Palike (BBMP) on 16.07.2011. The appellant filed a writ petition viz., W.P.No.2852/2012 in which a prayer was sought to appoint him on compassionate basis. The aforesaid writ petition was disposed of by an order dated 19.06.2012 with a direction to consider the case of the appellant for consideration of appointment on compassionate basis. The KPTCL however, by an endorsement dated 23.01.2013 rejected the claim of the appellant. The appellant challenged the aforesaid endorsement in a writ petition viz., W.P.No.8600/2014. The learned Single Judge by an order dated 18.07.2014 has dismissed the writ petition. In the aforesaid factual background, this appeal has been filed.
4. Learned counsel for the appellant submitted that the appellant is entitled to seek appointment on compassionate basis.
5. We have considered the submissions made by learned counsel for the appellant and have perused the record. It is trite law that appointment on compassionate basis cannot be claimed as a matter of right. The learned Single Judge on perusal of the record has found that a member of the family viz., brother of the appellant is already in service. The learned Single Judge has therefore, held that the appellant is not entitled to seek appointment on compassionate basis.
6. We do not find any ground to interfere with the order passed by learned Single Judge.
7. In the result, the appeal fails and is hereby dismissed.
Compassionate ground is a concession and not a right – Whole object of granting compassionate employment is to enable family to tide over sudden crisis – Object is not to give such family a post much....
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
Compassionate employment cannot be granted after a lapse of a reasonable period specified in the rules, as it is meant to provide succor to the dependent of the deceased-employee during the financial....
Compassionate appointment cannot be claimed as a matter of right and is subject to the prevailing policy at the time of the employee's death.
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
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