STATE OF KARNATAKA Vs. RAMADEVI

JUDGEMENT

(1.) Both the State of Karnataka, and the Raichur City Municipal Council have filed separate Appeals, namely Writ Appeal Nos.200391 & 200393/2015, and Writ Appeal Nos.200384-385/2015, challenging the order dated 5.6.2015, passed by the learned Single judge of this Court in the case of Smt.Ramadevi v. The State of Karnataka and others. By the impugned order, the learned single Judge has not only directed the City Municipal Council to give both compassionate appointment to the petitioner, Smt.Ramadevi, as a group-D employee, and to pay a compensation of Rs.10 lakhs to her. More importantly, the learned Single Judge has proceeded further and issued general directions to the State of Karnataka to regularise all the daily wage sweepers, scavengers or poura karmikas either working on out-source, or through contractors, within three months from the date of receipt of copy of the order. Furthermore, the learned Single Judge has directed the Commissioners of certain cities to regularise all the daily wage sweepers, scavengers or poura karmikas working under them, and to pay compensation of Rs.10 lakhs, and to provide compassionate appointments wherever the death of sweepers, scavengers or poura karmikas take place while in service.

(2.) The facts are being taken from the Writ Appeal Nos.200391 & 200393/2015 mentioned above. The petitionerrespondent, Smt.Ramadevi, claimed that her husband, Mr.Venkatesh, was working as a daily wage underground and open-drainage cleaner (Scavenger) in the office of the City Municipal Council, Raichur. On 28.4.2013, he was deputed to work at the Bangareppa Tank Distributor canal Nos.94, 95 and 96. During the course of his work, he died by drowning in the canal. The petitioner and her daughter approached the City Municipal Council, and requested the Council to provide them with compassionate appointment. However, the Council neither provided compassionate appointment, nor granted them any compensation on account of death of Mr.Venkatesh.

(3.) The learned Addl.Advocate General for the State Mr. R. V. Nadagouda, has raised the following pleas before this Court:-