THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED. 21-02-2024 PASSED BY LEARNED SINGLE JUDGE IN W.P. NO. 103661/2021 AND ALLOW THE WRIT PETITION FILED BY THE APPELLANT HEREIN IN ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY; AND ETC.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

This writ appeal is directed against the order dated 21.02.2024 passed by the learned Single Judge in W.P.No.103661 of 2021.

Heard learned counsel for the appellant -petitioner and learned counsel for respondents.

Learned counsel for the appellant would contend that the appellant's father was a at tender serving under respondent No.4 and he died in harness on 21.06.2005. The appellant -petitioner as daughter submitted representation requesting for grant of employment on compassionate grounds. The appellant –petitioner’s application came to be rejected on the ground that there is no provision to consider married daughter for providing appointment on compassionate grounds. He contended that even the married daughter has now been considered as dependant and the amended Rules provides for appointment of married daughter on compassionate ground. With this, he prays to allow the writ appeal.

Learned counsel for respondents would contend that the application filed by the appellant -petitioner earlier came to be rejected on the ground that she is married daughter residing with her husband in her husband's family and Rules does not provide for appointment of a married daughter on compassionate grounds. The said application was considered and it came to be rejected and a communication dated 21.11.2007 has been made by respondent No.1 to respondent No.4. In turn respondent No.4 had made a communication to respondent No.5 to intimate the rejection of the application filed by the appellant - petitioner. Respondent No.5 has issued notice dated 15.12.2007 (annexure-3) to the appellant -petitioner. The said notice has been served personally on the appellant - petitioner on 26.12.2007 and the report is at annexure -R4. The appellant -petitioner suppressing the said rejection of her application has filed W.P.No6430/2008 (annexure-R6). But in the said writ petition, the appellant -petitioner has not disclosed rejection of her application for compassionate grounds and only contending that her application is pending consideration and as she got issued legal notice on 08.12.2007, a prayer has been made to consider the case of the appellant -petitioner for appointment on compassionate grounds. The appellant -petitioner has not challenged earlier rejection of her application, which has been communicated to her on 26.12.2007 i.e., prior to filing of the writ petition on 12.02.2008. The Writ Court has considered the case of the appellant -petitioner on merits and held that the appellant - petitioner is not entitled for appointment on compassionate ground as she being a married daughter and she has not made out grounds for appointment on compassionate ground. With this, he prayed to dismiss the writ appeal.

Having heard learned counsels, we have perused the impugned order passed by the writ Court and other materials placed on record.

The father of the appellant -petitioner who was working as an attender under respondent No.4 died in harness on 21.06.2005. The appellant -petitioner made a representation requesting to grant employment on compassionate ground. The service record indicated that the appellant -petitioner is a married daughter. Considering the said aspect, respondent No.1 made communication dated 21.11.2007 to respondent No.3 communicating rejection of the application of the appellate –petitioner since, the applicant -petitioner is a married