R MANJULA Vs. MUNIYELLAPPA

JUDGEMENT

(1.) DEFENDANT No.5 is in appeal challenging the correctness and legality of the judgment and decree passed by XXVII Additional City Civil Judge, Bangalore, dated 03.10.2013 in O.S.No.7701/2010, decreeing the suit by declaring that plaintiffs and defendant No.5 as legal heirs of deceased Ramu and also decreeing that plaintiff Nos.1 & 3 and defendant No.5 are entitled for service benefits equally. Defendant Nos.1 to 4 have been directed to give appointment to plaintiff No.2 on compassionate ground as per The Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996.

(2.) AT the outset it requires to be noticed that learned counsel for appellant - Sri Sirajin Basha files a memo indicating that service benefits decreed in favour of defendant No.5 i.e., appellant is being given up in favour of plaintiff Nos.1 and 3 and appellant would be restricting the present appeal only insofar as decree directing defendant Nos.1 to 4 to give appointment to plaintiff No.2 i.e., respondent No.2, in the present appeal. The said memo is placed on record.

(3.) FACTS in brief leading to filing of this appeal are as under: