Case Note & Summary
The petitioner, Smt. Bharati W/o Sadanad Gadad, is the widow of Sadanand Gundappa Gadad, who was working as a waterman in the office of the Town Municipal Council, Mudalagi, and died in harness on 11.02.2000. The petitioner, being a graduate, submitted an application for appointment on compassionate grounds. She was appointed as a Second Division Assistant by order dated 14.12.2000 (Annexure-C). The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India praying to direct the respondents to appoint her in the cadre of First Division Assistant instead of Second Division Assistant. The court considered the petitioner's educational qualification and the fact that she was a graduate. The court held that since the petitioner is a graduate, she is entitled to be appointed as First Division Assistant. The court directed the respondents to appoint the petitioner as First Division Assistant with effect from the date of her initial appointment as Second Division Assistant and to grant her all consequential benefits. The writ petition was allowed.
Headnote
A) Service Law - Compassionate Appointment - Higher Cadre - Petitioner, a graduate widow of a deceased employee, sought appointment as First Division Assistant instead of Second Division Assistant - Court held that since the petitioner is a graduate and the respondents have appointed her as Second Division Assistant, she is entitled to be appointed as First Division Assistant - Respondents directed to appoint petitioner as First Division Assistant with consequential benefits (Paras 1-3).
Issue of Consideration
Whether the petitioner, a graduate widow of a deceased employee, is entitled to appointment in the higher cadre of First Division Assistant instead of Second Division Assistant on compassionate grounds.
Final Decision
Writ petition allowed. Respondents directed to appoint the petitioner as First Division Assistant with effect from the date of her initial appointment as Second Division Assistant and grant all consequential benefits.
Law Points
- Compassionate appointment
- educational qualification
- higher cadre
- Articles 226 and 227 of Constitution of India
