MUBEEN SHARIEFF Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Asking for a writ in the nature of mandamus against the respondent for consideration of an application submitted for grant of appointment on compassionate grounds to the petitioner, this writ petition was filed on 07.01.2011.

(2.) In brief, the facts of the case are that Sri. Abdul Sattar Shariff, father of the petitioner, was working as ' Head Coolie- and died in harness on 19.01.1998. Widow of the deceased made a representation on 09.01998 to provide appointment to the petitioner. The petitioner submitted representations on 110.1999, 23.01.2001, 17.05.2006, 09.0 2009, 18.01.2010 and 25.01.2010 to provide the appointment. Stating that the said representations have not been considered and that the requests made by others for appointment on compassionate grounds was considered, alleging invidious discrimination, this writ petition was filed.

(3.) Sri. H. M. Muralidhar, learned advocate contended that the application submitted by the petitioner being in compliance with Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, ' the Rules- ), and there being fulfilment of the conditions specified in Rule 6, the respondent should have issued the order of appointment within 3 months- period. He submitted that the non-consideration even after lapse of more than a decade is arbitrary. He further submitted that the sole bread-earner having died leaving behind dependent family members, the inaction is liable to be deprecated. Reliance was placed on the following decisions: