MOULALI Vs. THE PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF KARNATAKA, BENGALURU AND OTHERS

JUDGEMENT

(1.) Petitioner is the son of one Mehaboobsab Buddesab Tonnikeri. The said Mehaboobsab was working as a peon in Sri Kumareshwar Arts and Commerce College, Hanagal, which is an aided institution. He died while in service on 31-12-2012 leaving behind his wife and children. Petitioner gave an application on 31-1-2013 to the respondent-institution requesting to give him appointment on compassionate ground. The management appears to have taken a decision in the meeting held on 21-8-2013 to appoint petitioner on compassionate ground and recommended the same to the respondent-authorities seeking approval. Indeed, a copy of the resolution passed by the management is produced at Annexure-C.

(2.) The grievance of the petitioner is that despite resolution passed by the management and a proposal submitted seeking permission to make appointment of petitioner on compassionate ground the 3rd respondent-Regional joint Director, Department of Higher Education, Belagavi Division, Dharwad has not responded favourably. On 13-1-2014 a letter had been written vide Annexure-E addressed to the management informing them that as per the Government direction dated 1-2-2002 appointment on compassionate ground could not be considered in aided institution and therefore the proposal was returned. The said communication, which is produced at Annexure-E had been challenged by petitioner in this writ petition.

(3.) Petitioner has sought for a direction to the respondents to appoint him on compassionate ground as peon.