MARUTI KADAHALLI Vs. ENGINEER-IN-CHIEF

JUDGEMENT

(1.) The petitioner who has filed an application seeking appointment on compassionate ground has preferred the instant writ petition seeking the following reliefs:

(2.) Heard the learned counsel for the parties and also perused the material on record.

(3.) The petitioner's father Shivappa Kadahalli @ Madar was working as peon in Water Resource Development Institute, Dharwad. The said Shivappa Kadahalli is said to have died in harness on 2/6/2012. It appears that Shivappa Kadahalli had two wives and the petitioner is the son of the 2nd wife namely Smt.Gangavva. The 1st wife of Shivappa Kadahalli namely Smt.Nagavva and her children had filed O.S.No.75/2013 after the death of Shivappa Kadahalli seeking for the relief of declaration, partition and separate possession. The 2nd wife of Shivappa Kadahalli and her children were defendants in the said suit. The said suit was decreed on 12/3/2013, on the basis of a compromise petition. As per the terms of compromise decree, the parties to the suit had agreed that the petitioner herein was entitled for the benefit of compassionate appointment after the death of his father Shivappa Kadahalli. Subsequent to the said decree passed in O.S.No.75/2013, it appears that the petitioner had made an application on 18/4/2013 seeking compassionate appointment. Considering the said application, the 2nd respondent on 12/12/2013 had forwarded the petitioner's application to the 1st respondent with a recommendation to appoint the petitioner on compassionate ground. The 2nd respondent appears to have also forwarded as many as 21 documents along with this recommendation. The said recommendation was followed with communication Annexure-D dtd. 22/1/2015, wherein the 2nd respondent has forwarded certain other documents to the 1st respondent at his request. Thereafter the 1st respondent has issued communication at Annexure-E dtd. 8/1/2015 addressed to the 2nd respondent, seeking certain other particulars to consider the candidature of the petitioner for compassionate appointment.