LAWS(KAR)-2017-9-77

SHANTHALAKSHMI @ PUTTALAKSHMAMMA Vs. K S R T C

Decided On September 04, 2017
Shanthalakshmi @ Puttalakshmamma Appellant
V/S
K S R T C Respondents

JUDGEMENT

(1.) The petitioner is the first wife of late Sri K. Bheemegowda, who was working as a driver in the respondent-Corporation is before this Court for issue a writ of certiorari to quash the endorsements dated 6.11.2009 bearing No. KARASA/HAVI/VK/NE/4861/ 07 and dated 11.1.2011 bearing No. KARASA/HAVI/VK/EMPLOYEE/NE/201/11 issued by the respondent as per Annexures-A and B and also for a writ of mandamus directing the respondent to appoint Sri K.B. Pradeep Kumar, S/o late K. Bheemegowda in their Corporation on compassionate ground.

(2.) It is case of the petitioner that she is the first wife of late K. Bheemegowda, who was working as driver in the respondent-Corporation died on 22.2.2009 while he was in service. Subsequently, the respondent by an order dated 14.3.2009 expressed condolence for the untimely death of the said Bheemegowda and also intimated that his name has been removed from the KSRTC Service Rules with effect from 22.2.2009 and also furnished his service details asking the petitioner to contact the specified office to avail certain benefits.

(3.) It is the further case of the petitioner that her husband late Bheemegowda has left behind two wives and children as his legal representatives. At the time of death of late Bheemegowda, he had already completed 16 years of unblemished service in the respondent Corporation. Since the family of the said Bheemegowda was entirely dependent on his income, the petitioner made a representation on 9.3.2009 to the respondent seeking appoint of Sri K.B. Pradeep Kumar (Son of 2nd wife of the said late Sri K. Bheemegowda) on compassionate ground which was rejected by the respondent on the ground that there is no provision for appointment on compassionate ground to the son of second wife as per Annexure-A dated 6.11.2009.