LOHIT GOWDA V Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question the order dated 13.03.2018, passed by respondent No.2-Bengaluru Development Authority, whereby, the application of the petitioner seeking appointment on compassionate ground was rejected on the ground that the petitioner was born out of the second marriage of late Varadegowda, who was an employee of respondent No.2- Authority.

(2.) Learned counsel for the petitioner submits that the impugned order was passed keeping in mind the Circular dated 27.08.2015, which was in turn based on the decision of the Division Bench of this Court in W.A.No.442/2010, disposed of on 29.08.2013, wherein, it was held that the child born out of second marriage of a government servant or an employee cannot seek appointment on compassionate ground.

(3.) Learned counsel further submits that the Hon'ble Supreme Court of India in the case of Union of India vs. V.R. Tripathi, reported in 2018 SCC OnLine SC 3097 (herein after referred to as 'Supra') has held that;