1 IN THE HIGH COURT OF KARNATARA AT BANGALORE Dated this the gm day Of September, 2O10':j7I. BEFORE: THE I-ION'BLE MR JUSTICE 1) V Writ Petition NO. 718:3 ofS2OQ4'*.;5;;RES)'- "_ BETWEEN S 1 S V A SR1 JAYANNA I s/O LATE SR: SiDD AGED ABOUT 33 R/AT NO235: ' --_ , 3RD MAIN ROAD, 4m CROSS' KEMPEGOWDA LAYOUT " ' BANGALORE --4f§6Q_058;' *ff:: RETITIONER V '''' Bhat. Adv. for 'A _ M/S, Egbba Rab & C0,, Advs.] I. THE I«:ARI<IATAKA POWER TRAIAISMISSIONV CORPORATION LTD. ' ~ REP. BYATHE SECRETARY CAUV'ERY'BEiAVAN ?--.'KEMI3EGOwDA ROAD _ V BAN(_3d%.L_ORE -- 560 009 CHIEF ENGINEER (ELECTRICAL) BARC-ALORE SOUTH CIRCLE ..__BANGALORE ELECTRICITY SUPPLY .. CORPORATION LIMITED -.3-'Rn FLOOR, K R CIRCLE P B NO. 5184 BANGALORE -- 560 001 3. THE ASSISTANT EXECUTIVE ENGINEER (EL) BANGALORE ELECTRICFIY SUPPLY 2 CORPORATION LIMITED (STORES) RAJAJINAGAR BANGALORE - 560 010 RESPONDENTS
{By Sri Gurudev Gachchinamath, Ad\f.}”,
THIS WRIT PETITION IS FILED UNDER 226″ AND
227 OF THE CONSTITUTION OF INDIA PRAYING_–‘:{_U ‘Quasi:-.__V:DE
ANNEXURE «« F DT. 19.11.2003 BY R2 AS
ISSUED IN VIOLATION OF THE REGULATIONS”AN:D TI:IVE4.Sr’;I\/Eb”3V.IpS’~–_
ALSO VIOLATIVE OF ARTICLES 14;’ “16. To
CONSTITUTION OF INDIA AND E’I’C.f, ~ ‘ ” ., ‘
THES PETITION COMING _ON ‘Tats DAY,
COURT MADE THE FoLLow1No:*~~…. ‘ . 1 ‘
.–…………………°
Law with to on compassionate
basis in this _eot1nt1’y”is– IWEIII ‘hold that it is not
eithe1″‘aT’ri.§x§ht oi’§.;entitIe-naent;’iiietitioner is the third son of
one tliehd in harness in the year 2003
while being’ ,er;f1pi–oyed as mestri in the services of
I’ _ rve._spo_ndent–coTpoTation.
I S. appears to have made an application on
‘:[copy at Annexure–A to the writ petition]
seekimg for appointment on compassionate basis in terms
‘iofthe enabling provisions of Regulation 4 of the
.;§Karnataka Electricity Board Employees’ Recruitment
3
(Appointment on Compassionate} Regulations, 199? [for
short, the Regulations]. However. the application
receive favourable consideration at the V’
employer for more than one reaso’r1;’«.
petition challenging the action
refusing to give appointrnent'”ori”cornpass’ionate]basis in”
favour of the petitioner; p_
3. In terms” fihe respondent-
(:orporatior1::.- the elder brother
of the iigvasjlglg the services of the
eorporationplas vvhose services initially availed
of as tempo-raxvygerriplgoyee, having been later regularized,
“Was Gurudev Gachchinarnath, learned
respondents, Sri M Subrahmanya Bhat
himself jiilnot dispute this fact but submits that the
Hother “elder brother of the petitioner is employed elsewhere,
some other place and is not living with the
_M_petitioner; that the petitioner is living independently and
therefore he cannot fall back on their support for
4
dependence etc, and the petitioner is also to take care of
his aged mother etc.
4. Sri Gurudev Gachchinamath, learned coin’1se’?;.y:f’or the
respondents, has drawn my attention to of
the Regulations, reading as under:”” .
“4. Conditions of Appointment ~ = n
Appointment on compassionate = under
these Regulations shall be subject to the
following conditions _narne–ly:~V ‘A ‘A
(1) The family’-lA_o%_r-V:’the.\.,,_idece_osed Board
employee Vshould”‘beé immetliate financial
crisis ;desiiiutio_n ofeaccount’ eqfthe death of the
enr,_p«io’yeeI;_,_j. ” _
l
(CI) Family “of “a deceased board employee
shall be considered to be in financial crisis
‘ ?–.destitution the recurring monthly income of
.__the”.,farnily from all sources of all persons
‘ living separately or jointly including
earnings of other family members shall less
__ _than;’ the income prescribed by the board from
,. ‘time to time for calculating such monthly
“income the income from family pension, interest
earned on pensionary benefits shall be
excluded:
lb) Recurring monthly income from all sources
of the family for the purpose of this regulation
W ______ u
5
shall be computed by the head of the office or
the appointing authority;
(1′) On the basis of the last annual prope_rty
return filed by the deceased Board erriployeea
and if, for any reason, it is not available;”onj _.__
basis of a certificate of income iss’ued_”b_i; . ”
Revenue. Officer not below the-».– of ii
Tahsildar; and
(ii) In case any memberzof’-the familygzf
deceased Board employee is employer;lv…in all
state or central Governrrrient serviceior dapublic
or private sector Undertaking “or_Va Private
Establishment,” ‘on the a certificate
issued by employer ;in*cjase._such member
is self employed; on’f”the lg’ certificate
issued by V a revenuie ofiicer riotgllbeloiv the rate
ofTal7.;silzfio.r. i
” — jseetcingbwappointment shall be
within ‘the-.tag*,'<_3ii_niit. specified for the post in the
'relevant of recruitment specially
made in 'respect any service or post relevant
. _ with' Regulation 5 of Chapter-II and Regulation
4 of Chapter :-VI of KEB R&P Regulation 1969
;,,,'and..ywhere"'"it is not so specified such person
.__s'.'5iall'be within the age limits specified in the
' R<Szj.P Regulations 1969.
_{3}_u Person seeking appointment should
.. “possess the minimum qualification specified for
‘the post in the relevant regulations recruitment
specially made in respect of any service or
post.
(4) Appointment under these regulations
shall be confined to the posts coming under
7
6. Sri M Subrahrnanya Bhat, learned Counsel for the
petitioner, has demonstrated that such submission on the
part of the learned counsel for the respondents
incorrect and points out that the petitioner
the following address:
Sri Jayanna V
R/ at No 235, 3″‘ Mai.n*Road V
491 Cross, KempegoWd*axL-ayout”– .
Bangalore — 58_ v
while, the address ofl”tlie,elde{r ofpetlitioner working in the
respondent corporatgion’ it it
Sri Kflfiifi’a:1ajL1′.”V ‘
No ‘I-1.’7,_ Ké’n13ksh’ipal}i_?a””
‘BaI1ga}’o:.’§3–.. t ‘ ‘ ~
and th’er_e1″ore° be a ground for denying
appointment “onVeoinpassionate basis to the petitioner.
:l’.?_’~. counsel for the respondents submits that
the that other two brothers of the petitioner have
t given»; no–ob}ection for providing appointment on
“‘;_V’Corr’ipassionate basis to the petitioner in the respondent-
Vicorporation is indicative of the cordia} relationship that