RAVALU B. PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court invoking its jurisdiction under Articles 226 & 227 of the Constitution of India with a prayer to quash the order dtd. 9/2/2022 at Annexure-Q bearing No.Ka.Ja.Ma/HRD-6/1976/2021-22 and also to direct respondent nos.2 & 3 to appoint the petitioner to a suitable post on compassionate ground.

(2.) Heard the learned counsel for the parties.

(3.) It is the case of the petitioner that his father Balu S/o Appaji Patil was employed with the respondent-Board and on medical grounds he had voluntarily retired on 30/1/2010. Thereafter, on 25/7/2011, he had expired leaving behind his wife and two children. The petitioner, thereafter, had filed a representation on 7/4/2012 seeking suitable appointment on compassionate ground. Since the petitioner's representation was not considered by the Board, he had approached this Court in W.P.No.104739/2018 which was disposed of on 16/10/2020 directing the competent authority to consider petitioner's representation seeking appointment on compassionate ground and pass appropriate orders. Pursuant to the said order, the respondent-Board vide Annexure-N dtd. 15/1/2021 had rejected petitioner's application on the ground that in view of Rule 3A of the Karnataka Civil Services (Appointment of Compassionate Grounds) Rules, 2011, his request for compassionate appointment cannot be considered. The said order was questioned by the petitioner before this Court in W.P.No.102357/2021 which was disposed of on 12/11/2021, wherein this Court had set aside the said order dtd. 15/1/2021 on the ground that the aforesaid Rule 3A would not be applicable to petitioner's case as the same had come into force by virtue of the amendment in the year 2014 which would not be applicable to the petitioner's case since petitioner's father had died on 25/7/2011. Thereafter, the present order has been passed by respondent no.3, by which petitioner's request seeking compassionate appointment has been rejected once again. Being aggrieved by the same, the petitioner is before this Court.