I IN THE HIGH COURT OF KARNATAKA. BANGALORE DATED THIS THE 23RD DAY OF NOVEMBER 2009 BEFORE THE I-ION'BLE MR. JUSTICE RAM RE:)fi§' -- O" WRIT PETITION NO.661(}' OE-2009 ISQRELSIV: BETWEEN O' 'O A' SSURESH S/O. LATE SHIVANNAIAH AGE 23 YEARS . R/O. KAVAIACUNDI _ BHAIDRAVATHITALUK" SHIMOGADISTRICT. " PE"1'I'I"IONER (BY SR1 R GQP3':£;' 'AD';V.) I AND: 1 POWER TRANSMISSION CORPORA'FEGN"'L-IMITED KAVERI BHAVAN BUILDING ' "BY ITS MANAGING DIRECTOR. " 2 V. . OOOOO H ENGINEER (ELECTRICAL) T 'I\/IESC.OM_. SHIMOGA -- 577 201. ' RESPONEENTS (SE(SRI.; I OVICACIICHINAMATH, ADV.) & "*£'}~iIS PETITION FILED UNDER ARTICLES 226 3: 227 OI+'~._TI-EE CONSTITUTION OF INDIA PRAYINC TO QUASH ' R-.1E.--'ORDER DATED 20.5.2005 VIDE ANNA ISSUED BY R2 AND DIRECT 'F§~IE RESPONDENTS TO CONSIDER LEI 2 APPOINTING THE PETITIONER ON COMPASSIONATE GROUND FORTHWETH; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT THE FOLLOWING: I r ORDER
The petitioner claims to be the so1fI__ it
wife of one Shivannaiah who
respondent ~– Karnataka “Ppodwer T Tfrahsmissi-on’ = >
Corporation Limited as _C1ass+I§; ‘died on 5-12-
2003, While in haAr1″1ess_’_’Ai :«.__h.,eI’1ce, presented an
application for VappoirIVt:I:ie.nthv’Vo1’i:> crjrripdass-ionate grounds.
corisidered, was rejected by
endors’eII1’eht * 2’-I:3T–“0I’5”–2OO5 AnneXure– “A”. Hence,
this -Writ p’eti_tion.;* A V
2,… in theéirievmorandum of writ petition, it is
‘aja.erre:ti..V_ptI’Iat_ Shivannajah had a first wife from out of
two children and on the death of the first
xwife,”h_e’ took the petitioners mother in marriage as the
-,.Vse.c.o’nd Wife and out of that wedlock, he had two sons of
ix’:
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which the petitioner is the first son. According to the
petitioner, the children of the first wife and the..cii1iid,ren
of the second wife jointly agreed and extended
objection for the petitioner to make arr’ for
appointment on compassionate igrouxid.
3. It is a conceded on of them
first wife, the deceased took-r.in”3marriage
the second wife whichlhwas’ the notice of
the authorit-ies1~_ ‘ ‘frevlevant material
V”evi.dence. If that is so,
then.’ respondent declining the
request the on the premise that
Shii(annaiahV” taken a second wife, during the
.A the first, is not correct. Ends of justice
the petitioner is permitted to produce
relevant documents including the Death Certificate of
Ath’e._first wife of Shivannaiah to establish the plea that
utheltsecorid marriage was only after the death of the first
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wife, which I have no reason to believe, the respondent
would not consider and pass orders. in accordanLcei_i’wVith
law.
4. In the result, the Writ petition_-is»aij1oi2Ved;–pV Tiieu
endorsement Annexure–“A” isv’.._qua-s1i1j§ed;r.. V -PVeti’tiVr§n__er=::vr_is
directed to furnish additiziiial m:–iterial.s to”‘s.ubsija:£1tié1teti’
his plea as noticed supra, a period
of four weeks and if doiie,V{_tiie”‘”resporident is directed
to consider ordiersiiithereon, Within
a period offiwo V