STATE OF KARNATAKA Vs. SHARADAMMA

JUDGEMENT

(1.) The Government Advocate has filed the present petition calling in question correctness of the order passed by the Karnataka State Administrative Tribunal (for short, 'Tribunal') in Application No.20084/2019 whereby the Tribunal has set aside the endorsement at Annexure-A10 rejecting the application of the petitioner who was the applicant before the Tribunal seeking for compassionate appointment and the Tribunal has further granted a direction to the employer to grant employment on compassionate ground by considering her application dtd. 13/1/2016 and to provide her suitable ground and also taking note of the judgment and decree dtd. 3/10/2015 passed in O.S.No.113/2015.

(2.) The parties are referred to as per their rank before the Tribunal.

(3.) The applicant had challenged the correctness of Annexure-A10 whereby application seeking for appointment on compassionate ground in light of death of her father Veeranagouda in the Sericulture Department came to be rejected on the ground that the applicant was the daughter and born within the wedlock between Veeranagouda and Parvathamma, who was the second wife. The Tribunal by reasoned order has relied on the judgment of Union of India and another vs. V.R. Tripathi reported in AIR 2019 SC 666 wherein the Apex Court had struck down the regulation disqualifying the children from second marriage from being considered for compassionate appointment and accordingly has granted a positive direction to the employer as detailed above. The said order is challenged by the Government in the present petition.