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2000 DIGILAW 338 (KAR)

N. SARASWATHI v. SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, BANGALORE

2000-05-24

CHANDRASHEKARAIAH

body2000
CHANDRASHEKARAIAH, J. ( 1 ) THE petitioner in this writ petition has sought for a direction to the respondents to consider the application filed by her for appointment on compassionate ground. ( 2 ) THE facts in this case are that the petitioner being the widow of the deceased employee made an application for appointment on compassionate ground. On that application the respondents issued an endorsement calling upon the petitioner to produce the order passed by the Civil court in a pending dispute between the petitioner and the son of the first wife of the deceased employee and also to furnish no objection certificate by the guardian of the son through the first wife. This endorsement has made the petitioner to come to this Court on the ground that her case is to be considered for appointment as she is the widow of the deceased as per the rules. Rule 3 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 reads as follows. ( 3 ) ELIGIBILITY for appointment. (1) Appointment on compassionate grounds under these rules shall not be claimed as a matter of right and shall not be given as a matter of course. (2) Appointment under these rules shall be restricted to the dependent of a deceased Government servant in the following order of preference namely. (a) widow; (b) a son, if widow is not eligible or for any valid reason is not willing to accept the appointment; (c) an unmarried daughter, if the widow and the son are not eligible or for any valid reason they are not willing to accept the appointment. (3) An adopted son or daughter of a deceased Government servant shall not be eligible for appointment under these rules". ( 4 ) FROM the reading of the above rule, it is clear that if an employee dies leaving behind a widow, the widow gets priority for appointment. In the instant case, the deceased employee married the petitioner after the death of the first wife. If that is so, the marriage of the petitioner with the deceased employee is valid. Hence the petitioner being a widow is entitled to get her application considered for appointment under the above said rules. Therefore, there is no need to call upon the petitioner to produce the no objection certificate from the guardian of the son through the first wife of late Basavaraj. Hence the petitioner being a widow is entitled to get her application considered for appointment under the above said rules. Therefore, there is no need to call upon the petitioner to produce the no objection certificate from the guardian of the son through the first wife of late Basavaraj. ( 5 ) IN the result, I pass the following order. (i) Writ petition is allowed. (ii) Direction is issued to the respondents to consider the case of the petitioner for appointment on compassionate ground as per the rules referred to above and in the light of the observation made above, as expeditiously as possible. --- *** --- .