Case Note & Summary
The appellant, Mrs. Megha J, filed a writ appeal against the order of a learned Single Judge dated 19.06.2023 in W.P.No.11957/2023 (S-RES), which dismissed her petition seeking compassionate appointment. The appellant's father, a deceased employee of the Life Insurance Corporation of India (LIC), died in harness. The appellant, a married daughter, claimed entitlement to compassionate appointment on par with a son. The Single Judge rejected the claim, and the appellant appealed. The Division Bench, after hearing the counsel for the appellant and perusing the appeal papers, declined to interfere, broadly agreeing with the Single Judge's reasoning. The court held that a married daughter is not a dependent family member under the LIC scheme and thus not entitled to compassionate appointment. The appeal was dismissed.
Headnote
A) Service Law - Compassionate Appointment - Married Daughter - Entitlement - Life Insurance Corporation of India Scheme - The issue was whether a married daughter is entitled to compassionate appointment on par with a son. The court held that a married daughter is not a dependent family member under the LIC scheme and thus not entitled to compassionate appointment. The appeal was dismissed in agreement with the Single Judge's reasoning. (Paras 1-3)
Issue of Consideration
Whether a married daughter is entitled to compassionate appointment on par with a son of an employee dying in harness under the Life Insurance Corporation of India scheme.
Final Decision
Writ appeal dismissed; order of Single Judge upheld; claim for compassionate appointment turned down.
Law Points
- Compassionate appointment
- married daughter
- dependent family member
- LIC scheme
- interpretation of service rules
Case Details
2023 LawText (KAR) (09) 89
WA No. 891 of 2023 (S-RES)
Prasanna B. Varale, Chief Justice, Krishna S Dixit, Justice
Sri. Mahabalesh K Patil for Sri. Vijetha R Naik
Life Insurance Corporation of India (LIC) and Senior Divisional Manager
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Nature of Litigation
Writ appeal against dismissal of petition for compassionate appointment
Remedy Sought
Setting aside of Single Judge order and grant of compassionate appointment
Filing Reason
Appellant's father died in harness; appellant claimed compassionate appointment as married daughter
Previous Decisions
Learned Single Judge dismissed W.P.No.11957/2023 on 19.06.2023
Issues
Whether a married daughter is entitled to compassionate appointment under LIC scheme
Submissions/Arguments
Appellant argued that even a married daughter is entitled to compassionate appointment on par with a son
Ratio Decidendi
A married daughter is not a dependent family member under the LIC scheme and thus not entitled to compassionate appointment.
Judgment Excerpts
This intra court appeal by the writ petitioner seeks to call in question a learned Single Judge's order dated 19.06.2023 whereby W.P.No.11957/2023 (S-RES) has been dismissed and as a consequence the claim for compassionate appointment is turned down.
Having heard the learned counsel for the appellant and perused the appeal papers, we decline indulgence in the matter broadly being in agreement with the reasoning of the learned Single Judge as reflected in the impugned order.
Procedural History
Appellant filed W.P.No.11957/2023 before Single Judge seeking compassionate appointment; Single Judge dismissed petition on 19.06.2023; appellant filed intra-court appeal under Section 4 of Karnataka High Court Act; Division Bench heard and dismissed appeal on 27.09.2023.
Acts & Sections
- Karnataka High Court Act: 4
