T. Suresh vs Executive Engineer

A.N. Venugopala Gowda, J.—With permission of the Court, Sri M.B. Nargund, learned Advocate for the petitioner added a necessary party as an additional respondent i.e. Superintendent Engineer (Electrical), O and M Circle, BESCOM, Bangalore. The cause title was amended accordingly.

Sri S. Sriranga, Panel Advocate of KPTCL and BESCOM, present in the Court, was directed to accept notice on behalf of the respondents and appear in the matter. Copies of the writ petitions were served on Sri S. Sriranga. The issue raised lies in a very narrow compass. Therefore, by consent of the learned Advocates for the parties to the lis, the petition is taken up for final hearing.

One Tibbaiah, working as Store Assistant, Grade II under the respondents died on 10-3-2012. Petitioner is the son of said Tibbaiah. An application was filed seeking appointment on compassionate ground. On the said application final decision having not been taken, this writ petition was filed asking for a mandamus against the respondents to provide appointment to the petitioner on compassionate ground under the Karnataka Electricity Board Employees'' Recruitment (Appointment on Compassionate Grounds) Regulations, 1997 of the respondents.

The records produced along with this writ petition show that the petitioner had made a claim for appointment on compassionate ground soon after the death of his father, while in service of respondents. The respondents have an obligation to consider the said application expeditiously, as otherwise the very purpose of seeking appointment on compassionate ground would be frustrated. In this connection, it would appropriate to notice the decision in Smt. Sushma Gosain and Others Vs. Union of India (UOI) and Others, , wherein it has been held as follows:

We consider that it must be stated unequivocally that in all claims for appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant.

Without expressing any opinion on the merit of the claim for appointment on compassionate ground, respondent 4 is directed to consider the claim of the petitioner for appointment on compassionate ground on account of the untimely death of his father, Sri Tibbaiah, while in service and take decision expeditiously and within a period of three months from the date a copy of this order becomes available. It is open to the respondent 4 to call upon the petitioner to produce any other records, and if any such instructions are issued, it will be the obligation of the petitioner to make available all the records to the respondent 4, for consideration and decision.

Writ petition is disposed of accordingly, by permitting Sri S. Sriranga to file vakalath for respondents in the registry, within 4 weeks.