B.MUMTAZ Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The petitioner had applied for appointment on compassionate grounds. The said application was forwarded to the Directorate of Municipal Administration, Bangalore. The petitioner came to be appointed as Second Division Assistant on 11/5/2001.

(2.) It is the case made out by the petitioner that she was eligible for appointment as First Division Assistant on the basis of her educational qualification and eligibility. It is submitted that representations were being made for rectification of her appointment from Second Division Assistant to that of First Division Assistant. The representation is Annexure-'C'.

(3.) It is submitted that several similarly situated persons as that of the petitioner had obtained orders of rectification of their appointment and reliance is placed on the order of this court in the case of H.N.Guruprasad v. The Directorate of Municipal Administration and Others (W.P.No.32634/2003 disposed off on 14/6/2006). The petitioner submits that the appeal filed against W.P.No.32634/2003 has been rejected. Thus the order in Guruprasad's case has attained finality. The petitioner submits that W.P.No.8726/2018 was filed which was allowed as per the order at Annexure-'H' on 20/10/2020. The petitioner had challenged the order of 17/6/2017 by the respondent-State declining to accede to the request of the petitioner to appoint her to the post of First Division Assistant as against Second Division Assistant to which she was appointed. The court after detailed consideration has referred to the order passed in Guruprasad's case in W.P.No.32634/2003 at Para 8 and has specifically adverted to the contention of the respondent regarding Rule 6 (4) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 ("the Rules" for short) and has recorded a finding at Para 9 and 10 as follows: