sri.y.r.raghu Vs. The State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1194759
CourtKarnataka High Court
Decided OnApr-03-2017
Case NumberWP 7924/2017
JudgeH.G.RAMESH AND JOHN MICHAEL CUNHA
Appellantsri.y.r.raghu
RespondentThe State of Karnataka
Excerpt:
1 - - wp no.7924/2017 in the high court of karnataka at bengaluru dated this the3d day of april2017present the hon’ble mr. justice h.g.ramesh r and the hon’ble mr. justice john michael cunha writ petition no.7924/2017 (s-kat) ... petitioner between: sri y.r.raghu s/o y.r.ramalingaiah aged about41years r/at no.1537, 4th e main road mariyappanapalya srirampuram post bangalore-560 021 (by sri d.n.nanjunda reddy, senior advocate & sri vijaya simha reddy d.v., advocate) and:1. the state of karnataka represented by its department of land record and survey settlement vidhana soudha bangalore-560 001 2. the commissioner k.r.circle bangalore-560 001 ... respondents (government advocate - served) land records and survey settlement principal secretary2- - wp no.7924/2017 this writ petition is filed under articles226& 227 of the constitution of india praying to quash the endorsement dated0204.2011 (annexure-h) issued by respondent no.2 & the order dated2709.2016 (annexure-m) state administrative tribunal in application no.5019 of2011and to direct the respondents to appoint the petitioner under compassionate grounds by extending all consequential benefits arising thereto. karnataka passed by the this writ petition coming on for preliminary hearing, this day, h.g.ramesh j., made the following: order h.g.ramesh, j.(oral):1. the short question that arises for determination in this case is as to whether ‘step son’ of a deceased government servant is eligible for appointment under the karnataka civil services (appointment on compassionate grounds) rules, 1996?.2. the petitioner is the step son of the deceased smt.sujatha, who was a government servant. the deceased smt. sujatha was married. the question is whether the petitioner can be considered as “dependent of the deceased government servant” as defined in rule 2(1)(a)(ii) of the karnataka civil services (appointment on compassionate grounds) rules, 1996 (‘the rules’ for short). 3 - - wp no.7924/2017 3. sri d.n.nanjunda reddy, learned senior counsel appearing for the petitioner contended that ‘son’ referred to in rule 2(1)(a)(ii) includes step son. to examine the contention, it is relevant to refer to rule 2 of the rules which reads as follows: “2. definitions.—(1) in these rules, unless the context otherwise requires.— (a) “dependent of the deceased government servant” means.— (i) in the case of deceased male government servant, his widow, son, unmarried daughter and widowed daughter who were dependent upon him and were living with him; and (ii) in the case of a deceased female government servant, her widower, son, unmarried daughter and widowed daughter who were dependent upon her and were living with her. (iii) in the case of deceased male unmarried government servant, his unmarried brother, unmarried or widowed sister who were dependent upon him and were living with him; and (iv) in the case of deceased female unmarried government servant, her unmarried brother, unmarried or widowed sister who were dependent upon her and were living with her. (b) “family” in relation to a deceased government servant means his or her spouse and their son, unmarried daughter, unmarried brother, unmarried or widowed sister who were living with him. (2) words and expressions used but not defined shall have the same meaning assigned to them in the karnataka civil services (general recruitment) rules, 1977. daughter and widowed (emphasis supplied) 4. the word ‘son’ referred to in rule 2(1)(a) of the rules is preceded by the word ‘his’ or ‘her’. further, as per rule 3(3) of the rules, an adopted son or daughter of a deceased government servant shall not be eligible for 4 - - wp no.7924/2017 appointment under the rules. therefore, the word ‘son’ referred to in rule 2(1)(a) shall mean a biological son of the deceased government servant and not his or her step son. accordingly, we find no error in the impugned order of the karnataka state administrative tribunal to warrant interference. the writ petition is accordingly dismissed. petition dismissed. sd/- judge lb judge sd/-
Judgment:

1 - - WP No.7924/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE3D DAY OF APRIL2017PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH R AND THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.7924/2017 (S-KAT) ... PETITIONER BETWEEN: SRI Y.R.RAGHU S/O Y.R.RAMALINGAIAH AGED ABOUT41YEARS R/AT NO.1537, 4TH E MAIN ROAD MARIYAPPANAPALYA SRIRAMPURAM POST BANGALORE-560 021 (BY SRI D.N.NANJUNDA REDDY, SENIOR ADVOCATE & SRI VIJAYA SIMHA REDDY D.V., ADVOCATE) AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS DEPARTMENT OF LAND RECORD AND SURVEY SETTLEMENT VIDHANA SOUDHA BANGALORE-560 001 2. THE COMMISSIONER K.R.CIRCLE BANGALORE-560 001 ... RESPONDENTS (GOVERNMENT ADVOCATE - SERVED) LAND RECORDS AND SURVEY SETTLEMENT PRINCIPAL SECRETARY2- - WP No.7924/2017 THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED0204.2011 (ANNEXURE-H) ISSUED BY RESPONDENT NO.2 & THE ORDER

DATED2709.2016 (ANNEXURE-M) STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.5019 OF2011AND TO DIRECT THE RESPONDENTS TO APPOINT THE PETITIONER UNDER COMPASSIONATE GROUNDS BY EXTENDING ALL CONSEQUENTIAL BENEFITS ARISING THERETO. KARNATAKA PASSED BY THE THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, H.G.RAMESH J., MADE THE FOLLOWING: ORDER

H.G.RAMESH, J.

(Oral):

1. The short question that arises for determination in this case is as to whether ‘step son’ of a deceased Government servant is eligible for appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996?.

2. The petitioner is the step son of the deceased Smt.Sujatha, who was a Government servant. The deceased Smt. Sujatha was married. The question is whether the petitioner can be considered as “Dependent of the deceased Government servant” as defined in Rule 2(1)(a)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (‘the Rules’ for short). 3 - - WP No.7924/2017 3. Sri D.N.Nanjunda Reddy, learned Senior Counsel appearing for the petitioner contended that ‘son’ referred to in Rule 2(1)(a)(ii) includes step son. To examine the contention, it is relevant to refer to Rule 2 of the Rules which reads as follows: “2. Definitions.—(1) In these rules, unless the context otherwise requires.— (a) “Dependent of the deceased Government servant” means.— (i) in the case of deceased male Government servant, his widow, son, unmarried daughter and widowed daughter who were dependent upon him and were living with him; and (ii) in the case of a deceased female Government servant, her widower, son, unmarried daughter and widowed daughter who were dependent upon her and were living with her. (iii) in the case of deceased male unmarried Government Servant, his unmarried brother, unmarried or widowed sister who were dependent upon him and were living with him; and (iv) in the case of deceased female unmarried Government Servant, her unmarried brother, unmarried or widowed sister who were dependent upon her and were living with her. (b) “Family” in relation to a deceased Government servant means his or her spouse and their son, unmarried daughter, unmarried brother, unmarried or widowed sister who were living with him. (2) Words and expressions used but not defined shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977. daughter and widowed (emphasis supplied) 4. The word ‘son’ referred to in Rule 2(1)(a) of the Rules is preceded by the word ‘his’ or ‘her’. Further, as per Rule 3(3) of the Rules, an adopted son or daughter of a deceased Government Servant shall not be eligible for 4 - - WP No.7924/2017 appointment under the Rules. Therefore, the word ‘son’ referred to in Rule 2(1)(a) shall mean a biological son of the deceased Government servant and not his or her step son. Accordingly, we find no error in the impugned order of the Karnataka State Administrative Tribunal to warrant interference. The writ petition is accordingly dismissed. Petition dismissed. Sd/- JUDGE LB JUDGE Sd/-