HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND KRISHNA S DIXIT
SMT.S.K. SARASWATHI – Appellant
Versus
KARNATAKA GRAMIN BANK – Respondent
JUDGEMENT
This intra-Court appeal seeks to call in question a learned Single Judge’s order dated 07.07.2023 whereby, appellant’s W.P No.2129/2022 (S-RES) having been dismissed the prayer for a direction for compassionate appointment is negatived on the sole ground that after marriage, the appellant is not a member of the family of the deceased.
2. Having heard the learned counsel for the appellant and having perused the appeal papers, we are broadly in agreement with the reasoning of the learned Single Judge who at para 5 has rightly observed, “… Having taken note of the fact that, daughter of the petitioner who is married and residing along with her husband, cannot be considered as a dependent of the deceased employee. In view of declaration of law made by the Hon’ble Supreme Court in the case of State of Maharastra and another v. Madhuri Maruthi Vidhate reported in AIR 2022 SC 5176, I am of the view that, as the daughter of the petitioner is not a dependent on the earnings of her father, the case of the petitioner cannot be considered under compassionate ground. … ”
3. In more or less, a similar fact matrix was involved in W.A No.891/2023 (S-RES) between MRS.MEGHA J vs. LIFE INSURA
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