SUNIL KUMAR BANDE Vs. SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (PRIMARY AND SECONDARY EDUCATION) AND ORS.

JUDGEMENT

(1.) The present petitioner is before this against the order dated 16.01.2018 made in Application No.175/2018 on the file of Karnataka State Administrative Tribunal, Bengaluru (for short the 'Tribunal') thereby rejecting the application on merits as well as on delay.

(2.) It is the case of the petitioner that his father Rajashekara C.Bande was appointed as Assistant Teacher in Government Model Primary School, Nagtana, Vijayapura Taluk and District and while he was in service he died on 20.05.1996, at that time the son of the deceased who is applicant/petitioner was a minor and could not able to file application for appointment on compassionate grounds as he was not eligible at that time. The applicant's mother filed application on 20.03.1997 within the time prescribed for appointment on compassionate grounds in favour of applicant/petitioner. The third respondent issued endorsement on 01.08.1998 directing the mother of the applicant to submit representation for appointment on compassionate grounds after attaining the majority of the applicant/petitioner within one year as per Annexure-A3. The applicant/petitioner attained the age of majority on 30.03.2002 and on 24.01.2003 petitioner made representation to third respondent within the time stipulated under the proviso to Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short the 'Rules 1996') for appointment on compassionate grounds.

(3.) On 02.04.2014 the petitioner made one more representation by producing all the relevant documents namely SSLC, PUC and Degree marks cards as required by the department and on 29.03.2014 respondents No.2 and 3 forwarded the said representation of the petitioner to first respondent for consideration of appointment on compassionate grounds. Again on 03.01.2015 the applicant/petitioner was forced to moved one more representation. The second respondent by the impugned endorsement dated 17.06.2015 Annexure-A10 rejected the representation on the ground that Rule does not permit for compassionate appointment. Hence, the applicant/petitioner was forced to file Application No.175/2018 before the Tribunal, the Tribunal at the stage of admission has rejected the application on merits as well on delay. Hence the present writ petition is filed.