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2025 DAILYLAW 4567 (KAR)

LAXMI W/O LATE TUKARAM METRI v. THE STATE OF KARNATAKA

WP/104080/2022 · 2025-01-21

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:956 WP No. 104080 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104080 OF 2022 (S-RES) BETWEEN: LAXMI W/O LATE TUKARAM METRI, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: NIRALAGI, YEDOGA, TAL: HALLIHAL, DIST: UTTAR KANNADA. …PETITIONER (BY SRI. S.B.DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ, VIKAS SOUDHA, BENGALURU-01. 2. THE ZILLA PANCHAYAT UTTAR KANNADA, BY ITS CHIEF EXECUTIVE OFFICER, UTTARA KANNADA. 3. THE EXECUTIVE OFFICER, TALUK PANCHAYAT HALLIHAL, TAL: HALLIHAL, DIST: UTTARA KANNADA. 4. THE PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT KESHARALLI, KESHARALLI VILLAGE, TQ: HALLIHAL, DIST: UTTARA KANNADA. 5. THE PRESIDENT GRAM PANCHAYAT KESHARALLI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:956 WP No. 104080 of 2022 KESHARALLI VILLAGE, TQ: HALLIHAL, DIST: UTTARA KANNAD. …RESPONDENTS (BY SMT. KIRTHILATHA.R.PATIL, HCGP FOR R1 SRI. PRASHANT.S.KADADEVAR, ADVOCATE FOR R3 TO R5 NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED LETTER DATED 29/11/2021 BEARING REFERENCE NO. JIPUMA/GRAMPAM/SIBANDI/ANUMODANE/VIVA- 2021-22/2466 ISSUED BY THE RESPONDENT NO. 2 MARKED AT ANNEXURE-A II) A WRIT OF MANDAMUS SEEKING DIRECTION TO THE RESPONDENT NO. 2 AND 4 TO GRANT APPROVAL PETITIONERS LETTER DATED 25/06/2020 FOR COMPASSIONATE APPOINTMENT DUE TO DEATH OF HER HUSBAND AT ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court, calling in question a communication dated 29.11.2021 by which the case of the petitioner for appointment on compassionate grounds comes to be rejected on the ground that there is no vacancy. 2. Learned counsel representing the respondent Nos.3 to 5 Shri.Prashant S. Kadadevar would submit that one person who is waiting to get his promotion, his papers - 3 - NC: 2025:KHC-D:956 WP No. 104080 of 2022 have been forwarded to the Zilla Panchayat and it is waiting approval. The moment approval is granted the vacancy would arise and on the vacancy so arisen, the case of the petitioner for appointment on compassionate grounds would be considered against the said vacancy in accordance with the law. 3. The submission is placed on record. 4. In the light of the said submission it would suffice, I deem it appropriate to dispose the petition directing the respondent to consider the case of the petitioner for appointment on compassionate ground to a Group-D post, once the vacancy arises as is observed hereinabove. 5. Ordered accordingly 6. All contentions remain open. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 6