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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF JUNE, 2021

PRESENT

THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA

AND

THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

WRIT APPEAL No.2495/2019 (S - RES)

BETWEEN:

K. SANTHOSHA,

S/O LATE K KABBALAIAH,

AGED ABOUT 19 YEARS,

RESIDING AT KADAVEKERE,

DODDI VILLAGE,

MALAGALU POST, KASABA HOBLI,

KANAKAPURA TALUK,

RAMANAGARA DISTRICT-562 117.

... APPELLANT

(BY SRI. SUBRAMANYA BHAT, ADVOCATE (THROUGH V.C.))

AND:

1.

THE KARNATAKA POWER TRANSMISSION

CORPORATION LIMITED,

REPRESENTED BY THE

MANAGING DIRECTOR,

KAVERI BHAVAN,

BANGALORE -560 001.

2.

THE BANGALORE ELECTRICITY

SUPPLY COMPANY LIMITED,

REPRESENTED BY THE MANAGING

DIRECTOR, K.R. CIRCLE,

BANGALORE - 01.

3.

THE SUPERINTENDING ENGINEER (ELCL)

BANGALORE ELECTRICITY SUPPLY

COMPANY LIMITED,

RAMANAGARA CIRCLE,

RAMANAGARA – 562 117.

R

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4.

THE EXECUTIVE ENGINEER (ELCL),

BANGALORE ELECTRICITY SUPPLY

COMPANY LIMITED,

KANAKAPURA DIVISION,

KANAKAPURA,

RAMANAGARA DISTRICT – 562 117.

... RESPONDENTS

(BY SRI. RAVINDRA REDDY, ADVOCATE FOR R-1 to R-4

(THROUGH V.C.))

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS

APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED

SINGLE JUDGE IN W.P.NO.16400/2015 DATED 15.12.2018 AND

ORDER PASSED IN R.P.NO.11/19 DATED 10.06.2019, AND

GRANT ALL THE RELIEFS SOUGHT IN THE WRIT PETITION.

THIS WRIT APPEAL IS COMING ON FOR PRELIMINARY

HEARING, THIS DAY, NAGARATHNA J., DELIVERED THE

FOLLOWING:

JUDGMENT

Though

this

appeal

was

listed

to

consider

I.A.No.1/2019 seeking condonation of delay of 174 days in

filing the appeal, on condoning the said delay and on

disposal of I.A.No.1/2019 (vide separate order), with the

consent of learned counsel appearing for the parties, it is

heard finally.

2.

The

appellant

was

the

petitioner

in

W.P.No.16400/2015. In that petition, petitioner assailed

communication

bearing

No.CEA(«)/gÁªÀÈ/G¯É¤/¯É/¸À¯É/¸À1/2014-

15/6884 dated 11.03.2015 addressed to respondent No.4 by

respondent No.3 (Annexure-‘B’) and Circular bearing

No.KPTCL/B5/721/80-81 dated 23.09.2011 issued by

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respondent No.1 (Annexure-‘D’) insofar as a portion of

clause 2 is concerned, which reads as under:

“Under no circumstances, the second wife

nor her children are eligible for compassionate

grounds appointment, if the marriage has

taken place during the subsistence of the first

marriage.”

3.

By order dated 15.12.2018, the learned Single

Judge rejected the writ petition. Thereafter, Review

Petition No.11/2019 was filed. The learned Single Judge

dismissed the review petition also. Being aggrieved, the

petitioner has assailed the aforesaid orders.

4.

Succinctly

stated,

the

facts

are,

the

petitioner/appellant herein is the son of deceased

Kabbalaiah, who was working as Lineman Grade-II. He

died in harness on 10.06.2014. During his life time, he

was married for the second time during the subsistence of

his first marriage. Out of the second marriage, the

petitioner was born. On the death of his father, petitioner

made

an

application

seeking

appointment

on

compassionate

basis

under

the

Regulations

titled

Karnataka

Electricity

Board

Employees’

Recruitment

(Appointment on Compassionate Grounds) Regulations,

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1997 (hereinafter referred to as “Regulations” for the

sake of convenience). The respondents rejected the claim

of the petitioner on the ground that he was the son of the

second wife of the deceased employee Kabbalaiah and his

father had married his mother during the subsistence of

his first marriage. Therefore, he was not entitled to

appointment on compassionate basis. In that context,

reliance was placed on the Circular dated 23.09.2011

issued by respondent No.1 i.e. the Karnataka Power

Transmission Corporation Limited (hereinafter referred to

as “KPTCL” for the