SMT. RENUKA v. State of Bihar and others1 and also the decision of the Division
Case at a glance
Outcome
Quashed
impugned order is quashed
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 44. It would also be open for the petitioner to stake a claim for herself or for her children, if so permissible under the regulations. The writ petition is accordingly allowed and the impugned order is quashed. Sd/- JUDGE VNP*/CT:BCK List No.: 1 Sl No.…
Judgment
SMT. RENUKA W/O LATE DURGAPPA KARAKARMANDI, AGE: 32 YEARS, OCC: NIL, R/O. ALLIGERI, TALUK: DHARWAD, DIST: DHARWAD. (BY SRI. K.H. BAGI, ADVOCATE) AND:
THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, BY ITS SECRETARY, CAUVERY BHAVAN, BANGALORE-560009.
THE SUPERINTENDING ENGINEER, ELECTRICAL O & M CIRCLE, HESCOM, HUBLI-580020, DIST. DHARWAD.
THE EXECUTIVE ENGINEER (E), O & M EAST DIVISION, HESCOM DHARWAD -580001, DIST: DHARWAD. (BY SRI. B.S. KAMATE, ADVOCATE FOR R1; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3; R2-SERVED) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE 3rd RESPONDENT NAMELY EXECUTIVE ENGINEER (E) O & M EAST DIVISION DHARWAD IN Dapuvi/ Kanie(v)Lea/ sale/ hisa(si)6830 DATED:21/09/2010 VIDE ANNEXURE-F BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. MANJANNA E - 2 - NC: 2024:KHC-D:544 WP No. 62904 of 2011 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
1. The challenge in this writ petition is the rejection of the claim of the petitioner for being considered for compassionate appointment, on the ground that she was the second wife.
2. The Co-ordinate Bench of this Court in W.P. No.205104/2016, disposed off on 23.06.2022 has after considering the decision of the Hon’ble Supreme Court in the case of Rameshwari Devi Vs. State of Bihar and others1 and also the decision of the Division Bench in the case of J.Mahendra Vs. the General Manager (Electrical) Bengaluru Electricity Supply Co. Ltd., and another2, has held that the children of the second wife would be entitled to consideration of compassionate appointment. 1 (2000) 2 SCC 431 2 2014(2) AKR 782 - 3 - NC: 2024:KHC-D:544 WP No. 62904 of 2011
3. In this case, it is not in dispute that on the basis of an agreement, the pension was allowed to be shared between two spouses of the deceased employee. In the light of the said fact and also keeping in mind the decision decision rendered by this Court, it would be appropriate to direct the respondents to reconsider the claim of the petitioner for being appointed on compassionate ground.
Operative part
It would also be open for the petitioner to stake a claim for herself or for her children, if so permissible under the regulations. The writ petition is accordingly allowed and the impugned order is quashed. Sd/- JUDGE VNP*/CT:BCK List No.: 1 Sl No.: 41
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: impugned order is quashed
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.