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2023 DIGILAW 59 (KAR)

Ranganath v. Karnataka Power Transmission Corporation Ltd. , (kptcl) Rep. By Its Director (admn. And H. r. ) Cauvery Bhavan, Bangalore-560009

2023-01-09

ALOK ARADHE, S.VISHWAJITH SHETTY

body2023
JUDGMENT Alok Aradhe, J. - This intra court appeal has been filed against the order dated 18.07.2014 passed by the learned Single Judge by which the writ petition preferred by the appellant has been dismissed. 2. Facts leading to filing of this appeal briefly stated are that on 07.10.2002 the father of the appellant went missing. The mother of the appellant moved an application to the Director of Karnataka Power Transmission Corporation Limited (KPTCL) seeking appointment on compassionate grounds, which was rejected by an order dated 10.03.2010. The appellant thereafter obtained a decree from the civil court seeking a declaration that his father viz., N.Ramaiah is dead. 3. On the basis of the aforesaid decree a death certificate was issued by Bruhat Bangalore Mahanagar Palike (BBMP) on 16.07.2011. The appellant filed a writ petition viz., W.P.No.2852/2012 in which a prayer was sought to appoint him on compassionate basis. The aforesaid writ petition was disposed of by an order dated 19.06.2012 with a direction to consider the case of the appellant for consideration of appointment on compassionate basis. The KPTCL however, by an endorsement dated 23.01.2013 rejected the claim of the appellant. The appellant challenged the aforesaid endorsement in a writ petition viz., W.P.No.8600/2014. The learned Single Judge by an order dated 18.07.2014 has dismissed the writ petition. In the aforesaid factual background, this appeal has been filed. 4. Learned counsel for the appellant submitted that the appellant is entitled to seek appointment on compassionate basis. 5. We have considered the submissions made by learned counsel for the appellant and have perused the record. It is trite law that appointment on compassionate basis cannot be claimed as a matter of right. The learned Single Judge on perusal of the record has found that a member of the family viz., brother of the appellant is already in service. The learned Single Judge has therefore, held that the appellant is not entitled to seek appointment on compassionate basis. 6. We do not find any ground to interfere with the order passed by learned Single Judge. 7. In the result, the appeal fails and is hereby dismissed.