LALITHA LAXMANA KUNDARGI Vs. MANAGING DIRECTOR KARNATAKA HANDLOQM

JUDGEMENT

(1.) PETITIONER is the widow of one Shivaputrappa Ramachandrappa yanakanchi who was working as Helper under the first respgndent-corporation. He died while in service on 25-7-1995, A copy of the death certificate is produced vide Annexure-A. Petitioner claims that she has one minor child and she and her minor son have no source of livelihood. She, therefore, applied to the first respondent for appointment on compassionate grounds, as helper, on 4-8-1995, within ten days from the date of death of her husband. She was aged 34 years old at the time of such application. The said application "was rejected vide Annexure-C, dated 22-8-1998, on two grounds. The first is that she has not passed the 8th standard, which is the prescribed minimum qualification for the post of Helper-II. Secondly, she is aged more than 30 years, which is the maximum age fixed for appointment. Feeling aggrieved, petitioner has filed this petition and sought quashing of Annexure-C, dated 22-8-1998 and a direction to the first respondent to consider her representation dated 26-8-1998 (Annexure-E ).

(2.) RESPONDENTS have relied on the scheme for appointment on compassionate grounds contained in the order dated 3-4-1997 (Annexure-R1), to reject the claim of petitioner. While it is admitted that a widow is eligible for appointment, it is pointed out that clause D (ii) provides that a person claiming appointment shall be within the age limit specified for the post in the relevant Rules for Recruitment and clause D (iii) provides that the person seeking appointment should possess the minimum qualifications specified for the post in the relevant Rules for Recruitment. Respondents contend that as the petitioner does not fulfil those two requirements, her application was rejected.

(3.) PETITIONER's husband died on 25-7-1995. Her application dated 4-8-1995 for compassionate appointment was received by the respondent-corporation on 11-8-1995. It is not in dispute that when the petitioner's husband died, and when the application was made, the scheme relating to appointment on compassionate grounds that was in force was the office Order No. KHDC/adm/14-88/1913, dated 12-5-1988. Clause (5) of the said office order provided that no person shall be eligible for appointment unless he or she is within the age limit and possessed the qualifications prescribed for the post in the Rules of Recruitment of the corporation. But, clause (7) of the scheme, extracted below, contains provisions for relaxation of the age limit and the minimum educational requirement: