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2020 DIGILAW 396 (KAR)

T. C. Shekar S/o. Late T. S. Chandrashetty v. Government of Karnataka Department of Health and Family Welfare Vidhana Soudha Bengaluru

2020-02-11

H.P.SANDESH, S.N.SATYANARAYANA

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ORDER : 1. The applicant (respondent No.4 herein) before the Karnataka State Administrative Tribunal, Bengaluru (‘Tribunal’ for short) has come up in this writ petition, impugning the order dated 10.10.2017. 2. The brief facts leading to filing of this writ petition are as under: Petitioners No.1 and 2 are the sons of Late T.S.Chandrashetty, who was working as Group ‘D’ employee in the Department of Directorate of Health and Family Services. It is stated that while he was discharging his duties as an attender in the Government Hospital, Beluru, he said to have died in harness on 12.03.2013 leaving him surviving his wife Smt.Komala (to whom he was married to after the death of his first wife Smt.Savithri) and a minor daughter born to her in the wedlock between himself and Smt.Komala. Besides, he is also survived by his two sons (who are petitioners herein) through his first wife namely, Smt.Savithri. 3. The record would indicate that after the death of T.S.Chandrashetty, two applications came to be filed seeking appointment on compassionate grounds, one by his surviving wife Smt.Komala and another by his first son T.C.Shekar through his earlier wife Smt.Savithri. The said applications were taken up for consideration and the second and third respondent passed orders on 20.03.2014 and 09.04.2014 wherein, the application which was filed by fourth respondent herein was rejected. However, while doing so, the application which is filed by the first petitioner was directed to be taken up for consideration and no order is passed. 4. In the meanwhile, the fourth respondent being aggrieved by rejection of her application by respondent Nos.2 and 3 has approached the Tribunal by filing an application in Application No.8272/2014. In the said application, the Tribunal, after considering the disputes between the parties with reference to Probate and Succession Certificate pending in P & S.C.No.4/2013 before the Civil Judge, Belur as well as their claim for appointment on compassionate ground felt that since, the fourth respondent-Smt.Komala being the second wife after the death of his first wife Smt.Savithri, the said marriage is not subject to any legal inhibition, hence, the second wife Smt.Komala is entitled to seek appointment on compassionate grounds. Being aggrieved by the same, the petitioners, who are the sons of first wifeSmt.Savithri are before this Court challenging the order passed by the Tribunal in the said application. 5. Being aggrieved by the same, the petitioners, who are the sons of first wifeSmt.Savithri are before this Court challenging the order passed by the Tribunal in the said application. 5. Heard the learned counsel for the writ petitioners as well as contesting fourth respondent. Perused the order impugned as well as the original service record of T.S.Chandrashetty, which was secured through learned High Court Government Pleader. 6. On going through the same, it is clearly seen that the status of petitioner Nos.1 and 2 as the sons of deceased T.S. Chandrashetty is not in dispute. It is also not in dispute that the marriage of fourth respondent with deceased T.S.Chandrashetty is subsequent to death of his first wifeSmt.Savithri. 7. In this background, this Court would observe that Smt. Komala, the second wife of deceased T.S. Chandrashetty would be entitled to a share in the benefits, which would enure to the estate of deceased T.S.Chandrashetty. So far as the claim for appointment under compassionate grounds is concerned, we are of the considered opinion that the same shall be considered in favour of the first son of the deceased T.S.Chandrashetty through his first wife, who is the first petitioner in this proceedings. However, the right of the first petitioner herein in seeking appointment on compassionate grounds would not take away the right of the fourth respondent-Smt.Komala in securing family pension for maintenance and survival of her minor daughter and herself. 8. With such observation, this writ petition is allowed in directing respondent Nos.2 and 3 to consider the application of the first petitioner for appointment on compassionate grounds within two months from the date of receipt of a copy of this order. It is made clear that consideration of the case of first petitioner for appointment on compassionate grounds will not take away the right of the fourth respondent herein to secure appropriate orders for receiving family pension in the light of death of deceased T.S.Chandrashetty.