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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JANUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.8654 OF 2015 (S-RES)

BETWEEN:

Mrs. Nikshitha,

Aged 24 Years,

D/o. K. Devappa,

W/o. Vineeth,

Residing at

C/o Balakrishna Shettigar,

Rama Seetha Nivas,

Door No.1-525/2131,

P.P. Sequeira Long Line,

Urva Hoigebail, Ashokanagara,

Mangalore – 06.

... Petitioner

(By Sri. P.P. Hegde, Adv., (Video Conferencing))

AND:

1.

The Karnataka Urban Water Supply

and Drainage Board,

Office of the Executive Engineer,

Mangaluru Division, Mallikatta,

Mangaluru – 575 002.

2.

The Managing Director,

Karnataka Urban Water Supply &

Drainage Board,

Jalabhavana,

2

Bannerughatta Road,

Bengaluru – 560 083.

3.

The Chief Officer,

Puttur Town Municipality,

Puttur – 574 201.

4.

Smt. Leela,

Adult,

R/at Manikanta Mane,

Sanjay Nagara, Kemminje,

Darbe Post, Puttur,

D.K. District – 574 202.

... Respondents

(By Sri.Yogesh Naik, Adv. for R1 & R2 (Physical Hearing);

Sri.Jagadeesh B.N., Adv. for R4 (Physical Hearing))

This Writ petition is filed under Articles 226 and 227

of the Constitution of India praying to direct the

respondent Nos.2 to 3, to consider the representation of

the petitioner vide Annexure – J and provide her death-

cum-retirement benefits of the petitioner's deceased father

K.Devappa.

This Writ petition coming on for ‘Preliminary hearing

in ‘B’ Group’ this day, the Court made the following:

O R D E R

Petitioner in this writ petition has sought for a

direction by issuance of a writ in the nature of

mandamus to consider the representation dated

25.11.2014 – Annexure J, which was to stall any

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terminal benefits to be released in respect of 4^th

respondent-2^nd wife of the deceased-employee.

2.

Heard the learned counsel, Sri. P.P. Hegde,

appearing for the petitioner and the learned counsel,

Sri. Yogesh Naik, appearing for the respondent Nos.1

and 2 and the learned counsel, Sri. Jagadeesh B.N.,

appearing for the respondent No.4.

3.

Brief facts leading to the filing of the

present writ petition are that, the father of the

petitioner, who was an employee of the respondent

No.1-The

Karnataka

Urban

Water

Supply

and

Drainage Board (hereinafter referred to as the ‘Board’,

for short) died in harness on 15.10.2014. Pursuant to

which, the petitioner, who is the daughter of the

deceased-employee

gave

a

representation

on

25.11.2014 – Annexure J, requesting the Board not to

release any terminal benefits or any other service

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benefits of the deceased-employee in favour of the

respondent No.4. According to the petitioner, her

father did not marry again after the death of the 1^st

wife i.e., the mother of the petitioner.

4.

Later, the respondent No.4 has placed on

record by way of statement of objections which would

clearly show that the respondent No.4 was infact the

2^nd wife of the deceased-employee having married him

after the death of the 1^st wife and that issue now is

not in dispute as the petitioner and the respondents

would accept the same.

5.

Issue

is

with

regard

to

grant

of

appointment on compassionate grounds as is available

in the Rules of the Government, which is adopted by

the Board. Petitioner is no doubt the dependent of the

deceased and had filed an application seeking

appointment on the compassionate grounds on the

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death of her father. It is under consideration at the

hands of the Board, though, the application was given

way back as on 05.11.2014. In furtherance of

Annexure – F, the application for appointment on

compassionate grounds given by the petitioner, the

Board had communicated on 03.12.2014 directing the

petitioner to furnish all the documents that are sought

for in the said communication.

6.

Learned counsel for the Board submits that

these documents are y