Case Note & Summary
The petitioner, Smt. Shanthalakshmi @ Puttalakshmamma, is the first wife of late K. Bheemegowda, who worked as a driver in the Karnataka State Road Transport Corporation (KSRTC) and died on 22.2.2009 while in service. The petitioner sought compassionate appointment for her son, Sri K.B. Pradeep Kumar, under the KSRTC scheme. The respondent-Corporation issued endorsements dated 6.11.2009 and 11.1.2011 rejecting the claim on the ground that the deceased employee had nominated his second wife for terminal benefits. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash these endorsements and direct the respondent to appoint her son on compassionate grounds. The Court noted that the petitioner is the first wife and a legal heir, and that nomination does not confer ownership of the property. The Court held that the rejection based solely on nomination was unsustainable. The Court allowed the petition, quashed the endorsements, and directed the respondent to consider the application of the petitioner's son for compassionate appointment in accordance with law, without being influenced by the nomination.
Headnote
A) Service Law - Compassionate Appointment - Nomination - KSRTC Employees Service Regulations - The petitioner, first wife of deceased employee, sought compassionate appointment for her son. The respondent-Corporation rejected the claim based on nomination of second wife for terminal benefits. The Court held that nomination does not confer ownership and the first wife is a legal heir entitled to consideration. The Court directed the respondent to consider the application of the petitioner's son for compassionate appointment in accordance with law. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The Court exercised its writ jurisdiction to quash endorsements rejecting compassionate appointment claim and directed reconsideration, emphasizing that the right to compassionate appointment is not defeated by nomination of another person for terminal benefits. (Paras 1-10)
Issue of Consideration
Whether the petitioner, being the first wife of the deceased employee, is entitled to compassionate appointment for her son despite the employee having nominated his second wife for terminal benefits.
Final Decision
The writ petition is allowed. The endorsements dated 6.11.2009 and 11.1.2011 are quashed. The respondent is directed to consider the application of Sri K.B. Pradeep Kumar, son of the petitioner, for compassionate appointment in accordance with law, without being influenced by the nomination.
Law Points
- Compassionate appointment
- Nomination
- KSRTC Employees Service Regulations
- Articles 226 and 227 of Constitution of India
