The Karnataka High Court
Credit: DH File Photo
Bengaluru: The Dharwad bench of the Karnataka High Court has directed the Karnataka State Road Transport Corporation (KSRTC) to consider the application filed by the brother of a deceased employee seeking appointment on compassionate grounds.
Justice Suraj Govindaraj said that the mere marriage of the deceased employee, whose wife predeceased him and the couple was issueless, cannot be a ground to reject the application of his brother.
The petitioners are Sanganna Lolasar and his mother Mantavva, residents of Muddebihal in Vijayapura district.
Sanganna’s brother Veeresh Lolasar, who was working as a driver with the KSRTC in Ballari, had died in harness on September 21, 2023. Sanganna’s application seeking appointment on compassionate grounds was rejected on November 4, 2024, on the grounds that Veeresh Mantappa Lolasar was married and hence, no employment on a compassionate basis could be provided to the brother.
It was contended that Veeresh’s wife Sunanda died on April 9, 2022, much before the former’s death. The couple had no children, and Veeresh was taking care of his mother and brother.
The KSRTC argued that, as per the policy, if the deceased were married, compassionate employment cannot be provided for anyone other than the wife and children.
Justice Suraj Govindaraj noted that the ambit and purport of appointment on a compassionate basis is to ensure that the family of the deceased employee is taken care of and the exigencies due to the death ought not to result in a financial burden to the family.
The court also noted that the transport corporation, while not denying compassionate appointment, only argued that the brother of the employee could not be granted since the deceased employee was married.
“However, the fact remains that the spouse of the deceased employee had predeceased him on 9.4.2022, and they do not have any children who could seek a compassionate appointment. After the death of the spouse, the deceased employee was taking care of both his mother and brother. In that view of the matter, I am of the opinion that Petitioner No 2, having undertaken to take care of Petitioner No 1, the mother, the application of Petitioner No 2 for appointment on a compassionate basis ought to have been considered by the Respondent in a proper perspective,” Justice Suraj Govindaraj said.
The court has directed the KSRTC to consider Sanganna’s application for appointment on compassionate grounds to a suitable post as per his qualifications within a period of 12 weeks.