SMT.SUMALAKSHMI K Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) The issue relates to appointment on compassionate grounds between the two sisters - rival claimants.

(2.) Late N.Krishnaswamy, who was working in KSRTC as a driver, died in harness on 27.07.2002. His wife Smt. S. Nagarathna submitted representations dated 23.12.2002 and 10.10.2006 to the Management to provide appointment on compassionate grounds to her last daughter - K.Nandini Kumari, the 3rd respondent herein. The petitioner, elder daughter of deceased N.Krishnaswamy submitted a representation and sought providing appointment on compassionate grounds to her. Wife of the deceased employee received all the monetary benefits and died on 03.11.2007. 3rd respondent got married on 26.11.2007. Petitioner submitted another representation dated 13.10.2009 and stated that her husband having died on 29.03.2008, she is in need of the job. The petitioner was notified by issue of an endorsement dated 22.10.2009, that a representation of her sister having been received to provide appointment on compassionate grounds, her case cannot be considered. In W.P.No.36793/2009 filed by the petitioner the said endorsement was quashed by an order dated 04.01.2011 and KSRTC was directed to consider the aforesaid representations in accordance with law. In pursuance thereof the petitioner was notified on 29.03.2011 to furnish documents to examine her claim.

(3.) The representation made by the 3rd respondent to provide appointment on compassionate grounds having been rejected on 22.10.2009, was questioned in W.P.No.22594/2012 and by an order dated 21.08.2012, the petition was allowed and KSRTC was directed to consider the case in accordance with law and in the light of the decision in the case of SMT.MANJULA Vs. STATE OF KARNATAKA AND ANOTHER, ILR 2004 KAR 4881. 3rd respondent submitted another representation dated 13.12.2012 informing that her husband died on 06.11.2012.