SHIVABHADRAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are in appeal under Section 4 of the Karnataka High Court Act, 1961 assailing the order dated 10.03.2021 in W.P.No.200490/2021, whereby the learned Single Judge dismissed the writ petition of the petitioners wherein the petitioners had sought for appointment on compassionate grounds.

(2.) Heard learned counsel Sri Deepak K. Gawali for the petitioners and Smt. Archana P. Tiwari, learned AGA who accepts notice for respondents. Perused the appeal papers.

(3.) Petitioners claim that they are the wife and son of one Peerappa Hosamani who was working as Police Constable in the first respondent department, who died in harness on 30.04.1999. Learned counsel for the petitioners contends that the learned Single Judge committed an error in rejecting the prayer of the petitioners solely on the ground of delay. It is submitted that the second petitioner was minor as on the date of death of his father on 30.04.1999. Second petitioner had made an application on attaining the age of majority as per Annexure-G dated 06.01.2018 and the same was processed by the Superintendent of Police, Kalaburagi and as per Annexure-J dated 01.07.2019 his application was forwarded to the first respondent. The first respondent, by his communication dated 11.11.2020 had informed the Superintendent of Police, Kalaburagi stating that there is no provision to consider the case of the second petitioner for compassionate appointment and he directed the Superintendent of Police to issue appropriate endorsement. The petitioner challenging the said endorsement and seeking for a mandamus to consider his representation for compassionate appointment, was before this Court in the above stated writ petition. This court in order under appeal rejected the prayer of the petitioner solely on the ground of delay. According to the learned counsel for the petitioners the order of the learned Single Judge suffers from error apparent on record. The learned Single Judge failed to consider that the second petitioner was minor as on the date of death of his father and on attaining the age of majority i.e. 18 years he submitted application seeking for appointment on compassionate ground.