SRI T.N. BHARAT Vs. THE METROPOLITAN COMMISSIONER BENGALURU METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (BMRDA) AND OTHERS

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 05.01.2018 made by the learned Single Judge in dismissing W.P.No.44634/2017 wherein, the appellant had sought for a direction to the respondents to grant appointment on compassionate ground.

(2.) Brief facts of the case are that appellant's father one Sri. Narasimha Raju, a Class 'D' Employee of the 1st respondent died in harness on 01.05.2007; the appellant being eligible and qualified, had staked his claim for appointment on compassionate ground vide representation dated 12.11.2007, followed by two reminders dated 23.06.2008 and 25.09.2009; the 2nd respondent vide endorsement dated 16.02.2017 informed the petitioner that the respondent BMRDA in its 16th Meeting held on 21.01.2017, has rejected the claim for compassionate appointment.

(3.) The appellant filed the W.P.No.44637/2017 (S-RES) challenging the decision of the respondents on several grounds, which the learned Single Judge vide judgment and order dated 05.01.2018, has dismissed on two counts, namely, the appointment on compassionate grounds being an exception to the mode of regular appointment is intended to protect the family of the breadwinner on his sudden demise in harness and therefore, the plea for being appointed on compassionate ground cannot be entertained years after such demise; secondly, the Rules relating to compassionate appointment having been adopted by the respondent BMRDA only in the year 2012 i.e., five years after the demise of bread winner, the claims for appointment made prior to such adoption cannot be entertained.