Karnataka High Court
Credit: DH File Photo
Bengaluru: The Dharwad bench of the Karnataka High Court has directed the North West Karnataka Transport Corporation (NWKRTC) to appoint a 49-year-old woman as a ‘D-group employee’ on compassionate grounds, without reference to the upper age limit as per the terms of service conditions. Justice Suraj Govindaraj passed this order while allowing the petition filed by Lakshmavva, a resident of Shirhatti in Gadag district.
In 2021, Lakshmavva’s husband Ramanna Goshellanavar died in harness while serving as controller/depot manager at the Shirahatti depot. The couple was issueless and Lakshmavva applied for compassionate appointment to Group D post as her education qualification satisfied the requirement of that post.
The NWKRTC rejected the application stating that she had surpassed the age limit of 45 years, as on the date of application and therefore ineligible for compassionate appointment.
It was submitted on behalf of Lakshmavva that appointment on compassionate grounds was requested since there is no one to take care of her. On the other hand, the NWKRTC contended that the age relaxation up to 45 years is available only to the applicants from the SC/ST category, and Lakshmavva did not qualify even on that ground since she was 45 years and seven months old at the time of submission of the application.
Observing that it is a sad case of denial of compassionate appointment, Justice Suraj Govindaraj said that such cases would have to be humanely considered by taking into account the surrounding circumstances.
“In such cases, such a strict implementation of the upper age limit would only cause injustice and would not be in the interest of social justice which is required to be advanced by an authority under the State. In that view of the matter, taking into account the special circumstances, namely that the petitioner is a widow who has no one to look after her, I am the considered opinion that the order which has been passed by the respondents is not humane and has in fact caused injustice to the widow of a deceased employee of the Road Transport Corporation,” Justice Suraj Govindaraj said while directing the NWKRTC to appoint Lakshmavva at the Shirahatti depot in Gadag district.
The court also said, “The Managing Director of respondent No.2/Road Transport Corporation is also requested to look into these kinds of matters to formulate an appropriate humane policy, which would be in the best interest of the employees and their family members in the event of the employee expiring during the course of employment.”