KANTARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are the children and widow of late Nagaraj @ Nagappa Ukkadagathri have approached this Court in the instant writ petition with a prayer to issue a writ of mandamus directing the respondent No.2 to consider the representation dtd. 17/9/2022 submitted by the petitioner No.1 vide Annexure - G and to pass appropriate order by recommending to the higher authorities as per the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996.

(2.) Heard the learned counsel for the petitioner and the learned AGA for the respondent Nos.1 to 3. Respondent Nos.4 to 6 though served in the matter have remained unrepresented.

(3.) Late Nagaraj @ Nagappa Ukkadagathri, who was serving as Physical Education Teacher in a Government School at Ranebennur had died harness on 26/9/2012. It appears that the respondent No.4, who is the first wife of the deceased Nagaraj @ Nagappa and respondent Nos.5 and 6, who are their children have been drawing the pensionary benefits of the deceased Nagaraj @ Nagappa. The petitioner No.1, who is the son born to late Nagaraj @ Nagappa from his second wife Smt.Vanajakshamma, the petitioner No.3 herein had filed an application in Form No.1 on 12/8/2015 seeking compassionate appointment. Considering the said application, the respondent No.2 had issued an endorsement stating that if appropriate orders are obtained from the competent authority regarding surviving legal representatives of deceased Nagaraj @ Nagappa, the application filed by the petitioner No.1 would be considered in accordance with law. It appears that thereafter the petitioner Nos.1 & 2 herein had filed a suit in O.S. No.124/2013 before the Court of Additional Senior Civil Judge and JMFC, Ranebennur, which was subsequently numbered as O.S. No.124/2018, seeking partition and separate possession of the properties which were left behind by late Nagaraja @ Nagappa. The respondent Nos.4 to 6 were defendants in the said suit. The said suit was decreed on 7/1/2022 and it has held in the said suit that petitioner Nos.1 and 2 are the legal heirs of deceased Nagaraj @ Nagappa born to his second wife Vanajakshmma. Thereafter, petitioner No.1 submitted a representation on 17/9/2022 vide Annexure - G, wherein he had stated that the application filed by him and the application filed by the 4th respondent seeking compassionate appointment is required to be considered together. Considering the said representation made by the petitioner, the 2nd respondent has issued an endorsement stating that they have not forwarded any recommendation regarding the applications filed seeking compassionate appointment. After receipt of the said endorsement dtd. 22/9/2022, the petitioner has approached this Court with a prayer to issue necessary directions to consider his representation vide Annexure - G dtd. 17/9/2022.