Case Note & Summary
The petitioner, Smt. T.H. Ashalatha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 4.1.2013 issued by the Commissioner, Directorate of Municipal Administration (first respondent). By that endorsement, the first respondent stated that the petitioner, being the 'second wife' of late Thippeswamy, was not entitled to appointment on compassionate grounds under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996. The petitioner claimed to be the widow of late Thippeswamy and relied on a decree passed in O.S.No.313/2010 by the Civil Judge and JMFC, Tiptur, which declared her as the widow and legal heir of the deceased. The petitioner sought quashing of the endorsement and a direction to the respondents to extend service benefits accrued on account of late Thippeswamy in her favour and in favour of the fourth respondent (who claimed to be another wife) in terms of the civil court decree. The court noted that the petitioner's counsel drew attention to Rule 5 of the Rules, which deals with appointment on compassionate grounds. The court observed that the first respondent had rejected the petitioner's claim solely on the ground that she was the 'second wife', without considering the civil court decree. The court held that the authorities cannot ignore a decree of a competent civil court and must consider the petitioner's claim in light of the decree. Accordingly, the court allowed the writ petition, quashed the impugned endorsement, and directed the first respondent to reconsider the petitioner's application afresh, in accordance with law, after affording an opportunity of hearing to the petitioner and the fourth respondent. The court made it clear that it had not expressed any opinion on the merits of the claim and that the first respondent shall pass a fresh order within three months from the date of receipt of a copy of the order.
Headnote
A) Service Law - Compassionate Appointment - Second Wife - Entitlement - Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, Rule 5 - The petitioner, claiming to be the second wife of the deceased government servant, challenged an endorsement denying her compassionate appointment on the ground that she was the 'second wife'. The court held that where a civil court has decreed that the petitioner is the widow and legal heir of the deceased, the authorities cannot ignore such decree and deny compassionate appointment. The endorsement was quashed and the matter remitted for fresh consideration in accordance with law. (Paras 2-5)
Issue of Consideration
Whether a person claiming to be the second wife of a deceased government servant is entitled to compassionate appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, when there is a civil court decree declaring her as the widow and legal heir.
Final Decision
The writ petition is allowed. The impugned endorsement dated 4.1.2013 (Annexure-F) is quashed. The first respondent is directed to reconsider the petitioner's application for compassionate appointment afresh, in accordance with law, after affording an opportunity of hearing to the petitioner and the fourth respondent, and pass a fresh order within three months from the date of receipt of a copy of this order. No order as to costs.
Law Points
- Compassionate appointment
- second wife
- entitlement
- Karnataka Civil Services (Appointment on Compassionate Grounds) Rules
- 1996
- Rule 5
- decree of civil court
- status of widow
