STATE OF KARNATAKA AND ORS. Vs. NARASIMHAMURTHY N.

JUDGEMENT

(1.) Sri S.S.Mahendra, learned Additional Government Advocate for the petitioner. Sri M. Subramanya Bhat, learned counsel for respondent.

(2.) In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have inter alia assailed the validity of the order dated 06.03.2018 passed by the Karnataka State Administrative Tribunal, Bengaluru, by which the application No.5165/2016 filed by the respondent has been disposed of with the direction to the petitioners herein to consider the application submitted by the respondent for appointment on compassionate grounds under the provisions of Karnataka Civil Services (appointment on compassionate grounds) Rules, 1996 (hereinafter referred to as 'the Rules').

(3.) The facts giving rise to filing of this petition briefly stated are that, the father of the respondent was employed as constable in District Armed Force and while working as a constable, the father of the respondent suffered paralysis stroke on 23.07.2011. He was examined by the Medical Board on 27.06.2012 and on 31.07.2012. The Medical Board opined that due to his present illness, the father of the respondent has developed permanent disability and unable to perform his duties effectively in police service. In view of the report submitted by the Medical Board, the State by order dated 24.01.2013 permitted to retire from services as he was incapable on medical grounds with effect from 31.01.2013. Thereafter, the father of the respondent expired on 14.03.2015. Respondent thereupon submitted an application seeking his appointment on compassionate ground. By endorsements dated 30.04.2015 and 26.06.2015, the claim of the respondent seeking appointment on compassionate basis was rejected. Thereafter, the respondent approached the Tribunal by filing an application. The Tribunal vide order dated 06.03.2018, quashed the endorsements dated 30.04.2015 and 26.06.2015 and directed the petitioner No.2 herein to consider the application submitted by the respondent for appointment on compassionate grounds under the Rules. In the aforesaid factual background, the petitioners have filed this petition.