BANDEPPA NARAYANI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Adopted father of the petitioner, Sri Revanasiddappa, who was working as a Class D employee in the office of the City Municipal Council, Bagalkot-587101, died on 15.3.2005, while in service. Petitioner submitted an application to the Chief Officer, City Municipal Council, Bagalkot, to provide him employment on compassionate ground. The said application was forwarded on 8.9.2005, to the Director, Department of Municipal Corporation, but was returned on 23.9.2005 for submission to the 1st respondent. The proposal was submitted to the 1st respondent. Upon consideration, the proposal was rejected on 9.1.2006 vide Annexure-E, on the ground that the petitioner being an adopted son, there is no provision for appointment of an adopted son, under the Rules. The petitioner having been notified of the said decision under a communication dated 13.2.2006 of the 3rd respondent vide Annexure-F, this writ petition has been filed to quash Annexures-E and F and direct the respondents to provide appointment on compassionate ground. Sri H.M. Dharigond, Learned Advocate appearing for the petitioner, firstly, contended that the petitioner being the son of the deceased Revanasiddappa and being a Class-I heir under the Hindu Succession Act, is wholly dependent upon the income of the deceased employee. He submitted that the petitioner has passed SSLC and after the death of Revanasiddappa, has no income for livelihood and the non-grant of appointment on compassionate ground is arbitrary. Secondly, the bread earner having died while in service, the employer having sent a proposal to the 1st respondent, the same has not been considered with humanitarian angle. Thirdly, the decision taken by the lst respondent vide Annexure-E and communicated by the 3rd respondent vide Annexure-F, is arbitrary and illegal. Lastly, the impugned decision being illegal, warrants interference.

(2.) Smt. Megha C Kolekar, Learned HCGP appearing for respondents 1 and 2, on the other hand contended that, appointment on compassionate ground is not a matter of right and being a policy decision, which has been brought into effect by enacting Karnataka Civil Services (Appointment on Compassionate grounds) Rules, 1996 (for short "the Rules"), was considered and decision taken in accordance with the Rules. She submitted that the definition under the Rules, "dependent of the deceased Government servant" means, his widow, son and unmarried daughter who were dependent and the definition of 'family' in relation to deceased servant means, the spouse and their son or unmarried daughter, living with them. Learned Counsel submitted that the decision taken as at Annexure-E and communicated vide Annexure-F, is neither arbitrary nor illegal, warranting any interference.

(3.) Sri V.R. Datar, Learned Advocate appearing for 3rd respondent, submitted that the application of the petitioner was forwarded to the 1st respondent and that the decision of the 1st respondent was conveyed to the petitioner vide Annexure-F.