Case Note & Summary
The appellant, Smt. Mallamma, wife of late Shivasharanappa Shirwale, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated 03.04.2018 passed by the learned Single Judge in W.P.No.102626/2013, which dismissed her writ petition seeking compassionate appointment. The appellant claimed that her husband died on 06.06.1997 while working with the second respondent-college, and she sought appointment on compassionate grounds due to unemployment. However, the court noted that the appellant had been unsuccessful in her attempt on four earlier occasions, having filed previous writ petitions and appeals that were dismissed. The present writ petition was filed in 2013, i.e., 16 years after the death of the employee, without any explanation for the delay. The Division Bench held that the claim was barred by laches and that the appellant could not re-agitate the same issue due to the principle of res judicata. The appeal was dismissed, affirming the order of the Single Judge.
Headnote
A) Service Law - Compassionate Appointment - Laches - Delay of 16 years in filing writ petition for compassionate appointment after death of employee - Held that claim is barred by laches and delay defeats equity - No explanation for delay - Petition dismissed (Paras 2-5).
B) Service Law - Compassionate Appointment - Res Judicata - Earlier writ petitions and appeals dismissed - Subsequent writ petition raising same claim - Held that principle of res judicata applies - Appellant cannot re-agitate same issue (Paras 3-4).
Issue of Consideration
Whether the appellant is entitled to compassionate appointment after a delay of 16 years from the date of death of the employee, and whether the writ petition was barred by laches and res judicata.
Final Decision
The writ appeal is dismissed. The order dated 03.04.2018 passed by the learned Single Judge in W.P.No.102626/2013 is confirmed.
Law Points
- Compassionate appointment
- laches
- delay defeats equity
- res judicata
- limitation
- Karnataka High Court Act Section 4
Case Details
2019 LawText (KAR) (01) 96
WA No.200477/2018 (S-RES)
Sri Ravi B. Patil (for appellant), Sri A.M.Nagaral (for C/R4)
The Joint Director of Public Instructions, Sharanabasveshwara Arts College, The Commissioner Director of Collegiate Education, Sri Revansiddappa
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Nature of Litigation
Writ appeal against dismissal of writ petition seeking compassionate appointment.
Remedy Sought
Appellant sought setting aside of order dated 03.04.2018 in W.P.No.102626/2013 and allowance of the writ petition to quash endorsement dated 04.08.2013 and grant compassionate appointment.
Filing Reason
Appellant's husband died on 06.06.1997; she sought compassionate appointment but was unsuccessful in four earlier attempts.
Previous Decisions
Earlier writ petitions and appeals were dismissed; the present writ petition was dismissed by learned Single Judge on 03.04.2018.
Issues
Whether the claim for compassionate appointment is barred by laches due to delay of 16 years.
Whether the writ petition is barred by res judicata in view of earlier dismissed petitions.
Submissions/Arguments
Appellant argued that she is the legally wedded wife of late Shivasharanappa Shirwale and sought compassionate appointment due to unemployment.
Respondents contended that the claim is barred by laches and res judicata as the appellant had earlier approached the court on multiple occasions.
Ratio Decidendi
A claim for compassionate appointment must be made within a reasonable time; delay of 16 years without explanation is fatal. Further, repeated litigation on the same issue is barred by res judicata.
Judgment Excerpts
The appellant/wife of late Shivasharanappa Shirvale who is unsuccessful in her attempt on four occasions has filed the present intra court appeal against the order dated 03.04.2018 passed in W.P.No.102626/2013 by the learned Single Judge dismissing the writ petition.
It is the case of the appellant that she is the legally wedded wife of late Shivasharanappa Shirwale who was working with the second respondent-college. He died on 06.06.1997 leaving behind the appellant/wife and other legal representatives.
Procedural History
The appellant filed W.P.No.102626/2013 seeking compassionate appointment, which was dismissed by the learned Single Judge on 03.04.2018. The appellant then filed the present intra court appeal under Section 4 of the Karnataka High Court Act.
Acts & Sections
- Karnataka High Court Act: Section 4
