Karnataka High Court
Vishwanth vs The State Of Karnataka And Ors on 10 October, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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WP No. 203121 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
WRIT PETITION NO.203121 OF 2023 (S-RES)
BETWEEN:
VISHWANTH S/O LATE AMARESH,
AGED ABOUT 26 YEARS, OCC: NIL,
R/O. H. NO. E-17/3, KADA COLONY,
BEHIND HELYPAD GROUND,
BHIMARAYANH GUDI,
TQ. SHAHAPUR, DIST. YADGIR-585 287.
...PETITIONER
(BY SRI. B.K. PATIL, ADVOCATE)
AND:
Digitally signed
by SACHIN 1. THE STATE OF KARNATAKA,
Location: HIGH REPRESENTED THROUGH
COURT OF PRINCIPLE SECRETARY,
KARNATAKA WATER RESOURCE DEPARTMENT,
VIDHANA SOUDHA, 3RD FLOOR,
DR. B.R. AMBEDKAR VEEDI,
BENGALURU-560 001.
2. THE DIRECTOR,
ACHAKUTTU PRADESHBHIRUDDI PRADIKAR
NIDRESANALA, FIRST BLOCK, RAJAJI NAGAR,
BANGALORE-560 027.
3. THE ADMINISTRATIVE OFFICER,
KAMAND AREA DEVELOPMENT AUTHORITY,
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WP No. 203121 of 2023
HC-KAR
BHIMARAYANGUDI, TQ. SHAHAPUR,
DIST. YADGIRI, BHIMARAYANGUDI-585 287.
4. THE ASSISTANT EXECUTIVE ENGINEER,
FIELD IRRIGATION SUB-DIVISION-4,
KBJNL, BHIMARAYANGUDI, TQ. SHAHAPUR,
DIST. YADGIRI, BHIMARAYANGUDI-585 287.
...RESPONDENTS
(BY SRI. JAISHANKAR SHESHADRI, AGA FOR R1;
R2 TO R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO
PROVIDE EMPLOYMENT TO THE PETITIONER ON
COMPASSIONATE GROUNDS DUE TO DEATH HIS FATHER
AMARESH S/O VEERBHADRAPPA GUDAGUNTI WHO WAS
EMPLOYED UNDER RESPONDENTS, WITH ALL CONSEQUENTIAL
BENEFITS WITHIN STIPULATED PERIOD OF TWO MONTHS. B)
ISSUE A DIRECTION IN THE NATURE OF CERTIORARI THEREBY
QUASHING THE IMPUGNED COMMUNICATION VIDE
NO.JA.SAM.E.1.SI.U.K.2023 DATED 12-06-2023 OF THE STATE
OF KARNATAKA, PRINCIPAL SECRETARY, WATER RESOURCE
DEPARTMENT, VIKAS SOUDHA, 3RD FLOOR, DR. AMBEDKAR
VEEDI, BANGALORE-560001, IS PRODUCED AND MARKED AS
ANNEXURE-P. C) ISSUE A DIRECTION IN THE NATURE OF
CERTIORARI THEREBY QUASHING THE IMPUGNED
ENDORSEMENT VIDE NO.KRA.BHA.JA.NI.NI/S.KA.NI.A/
HO.U.VI-4/C-1/2023-24/68 DATED 21-07-2023 PASSED BY
THE ASST. EXECUTIVE ENGINEER (BUILDING AND SOBBING),
FIELD IRRIGATION CHAMBER, KBJNL BHIMARAYAN GUDI, TQ-
SHAHAPUR, DIST- YADGIR SHSHAPUR, IS HERE WITH
PRODUCED AND MARKED AS ANNEXURE-Q.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
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WP No. 203121 of 2023
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) Petitioner is before this Court being aggrieved by the endorsement dated 21.07.2023 issued by respondent No.4 declining to grant employment to the petitioner on compassionate ground for reason of delay in petitioner filing application as mandated under Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Ground) Rules, 1996.
2. The case of the petitioner is that his father Sri Amaresh was working as a Inspector in the office of Assistant Executive Engineer, Irrigation Channel/F/K4/KBJNL, Bihmarayaguidi, Shahapur Taluk, Yadgir District. That the father of the petitioner, Amaresh went missing on 28.12.2017, a missing compliant was filed by the brother of the petitioner herein on 15.02.2018 before Bhimarayagudi Police Station. Pursuant to which, a case in Crime No.0018/2018 was registered. Subsequently, petitioner learnt about the death of his -4- NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR father Amaresh on 25.01.2018, when a UDR case came to be registered with Shivajinagar Police Station, Bengaluru in UDR No.0003/2018.
3. It is the further case of the petitioner that he approached the respondent-authorities seeking service benefits of deceased Amaresh upon which he was advised to make a representation along with all the documents including the death certificate. Since, the name of deceased had not been entered into the records of Brahat Bangalore Nagar Palike, Bengaluru, his attempt to secure birth certificate did not yield any result. As such, he was issued with an endorsement on 28.07.2020 as per Annexure-D. Thereafter, the petitioner initiated proceedings under Section 13(3) of the Registration of Births and Deaths Act, 1969 in Civil Misc.4149/2020 before 25th Additional Chief Metropolitan Magistrate, Bengaluru for necessary direction to register the date of death of the father of the petitioner in the records of Brahat Bangalore Mahangar Palike, Bengaluru which came -5- NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR to be allowed vide order dated 20.01.2021. Accordingly, Brahat Bangalore Mahangar Palike, Bengaluru issued a death certificate of the father of the petitioner on 06.02.2021 produced at Annexure-G. Thereafter, mother of the petitioner had approached respondent No.6 seeking all the death-cum-retirement benefits on 19.02.2021. On 23.03.2021 also made an application to extend the death- cum-retirement benefits. That since said Sri Amaresh passed away on 25.01.2018 during harness; petitioner had made a representation on 28.03.2021 to respondent No.6 seeking compassionate appointment along with all the relevant documents.
4. That in response thereof matter was forwarded to the Under Secretary, Department of Water Resource, Vikas Soudha, Bengaluru by the Director of Achukattu Pradeshabhivrudhi Pradhikara, Bengaluru. In response thereof, the Under Secretary to Government of Karnataka, Department of Water Resource, referring to provisions of Rule 5 of the Karnataka Civil Services (Appointment on -6- NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR Compassionate Grounds) Rules, 1996 opined that since the application was filed belatedly there is no provision for consideration of the same and had accordingly directed to issue endorsement in this regard. In furtherance thereof, respondent No.4 issued the endorsement dated 21.07.2023 declining to consider the application filed by the petitioner. Aggrieved by the same, present petition is filed.
5. Learned counsel for the petitioner contended that though the petitioner learnt about the death of his father on 25.01.2018, he could not file application within one year, as he was informed that he is required to file the application along with required documents which include a death certificate. That in the process of obtaining the death certificate, there was a delay and death certificate was obtained on 06.02.2021. Soon thereafter he filed application seeking appointment on compassionate grounds on 28.03.2021. He submits a lenient view needs to be taken, in view of the legislation itself being a -7- NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR beneficial one and the delay in filing the application shall not be construed as negligence or laxity on the part of the petitioner. He relies upon the judgment of the Coordinate Bench of this Court in the case of A. G. Ramya vs. Syndicate Bank Manipal, reported in ILR 2000, Karnataka 2619 and the order dated 25.07.2025 passed by the Divisional Bench of this Court in the case of State of Karnataka vs. Mehboob Patel, in W.P.No.202187/2023. Hence, he prays for allowing of the writ petition.
6. In response, the learned Additional Government Advocate submits that admittedly application filed by the petitioner was beyond the time prescribed under the rules providing for appointment on compassionate ground. He submits that there is no provision for condonation of delay. He submits that the reasons assigned by the petitioner for delay in filing the application can neither be accepted factually nor legally. Hence, he submits that there is no error or illegality committed by the respondent -8- NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR
- authorities in issuing endorsement as per Annexure-Q. Hence, seeks for dismissal of the writ petition.
7. Heard. Perused the records.
8. The facts narrated above do not require reiteration. Amaresh, who was working as inspector in the office of Assistant Executive Engineers - respondent No.4, went missing on 28.12.2017. A missing complaint was filed on 15.02.2018. His death was made known upon registration of UDR case on 25.01.2018 by Shivaji Nagar Police Station. The application seeking appointment on compassionate ground has been filed on 28.03.2021 which is over 03 years 02 months. Rule-5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, provides as under:-
"Rule - 5 - Application for appointment.- Every dependent of a deceased Government servant, seeking appointment under these rules shall make an application within one year from the date of death of the Government servant, in such form, as may be notified by the Government, from time to time, to the Head of the -9- NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR Department under whom the deceased Government servant was working.
Provided that in the case of a minor he must have attained the age of eighteen years within one year from the date of the death of the Government servant and he must make an application within one year thereafter.
Provided further that nothing in the first proviso shall apply to an application made by the dependent of a deceased Government servant, after attaining majority and which was pending for consideration on the death of commencement of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 1998."
9. Thus, application seeking appointment on compassionate ground ought to have been filed within one year from the date of death of the employee namely Amaresh, i.e., within one year from 25.01.2018.
10. It is settled position of law that appointment on compassionate ground cannot be claimed as matter of rights. It has to be strictly considered in accordance with applicable rules, inasmuch as appointment on compassionate ground is a departure from the regular
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NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR recruitment process, only to meet the financial dire needs and distress of the bereaved family.
11. On perusal of Rule - 5, it is clear that application is to be filed in such form as may be notified by the government. Form of application is also annexed to the Rules which do not indicate requirement of enclosing of death certificate. Nothing prevented the petitioner from making an application as contemplated under Rule-5, soon after the demise of the employee or within the time prescribed under the Rule. Instead, application has been filed on 28.03.2021. Now, the delay is ought to be condoned on the pretext of petitioner pursuing the matter in obtaining the death certificate. There is no provision in the Rules either for relaxation of the time period or extension of the same. No discretionary power is provided under the Rules for relaxation of the time period contemplated thereunder.
12. Reliance placed on by the learned counsel for the petitioner on the judgment of the Coordinate Bench of
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NC: 2025:KHC-K:5972 WP No. 203121 of 2023 HC-KAR this Court in the case of A. G. Ramya is of no avail, inasmuch as the facts involved in the said case was in respect of a scheme which was available for the employees of a bank and despite bringing the notice about death, the bank had not informed the scheme which was prevalent.
13. Similarly, the order passed by the Division Bench of this Court in W.P.No.202187/2023 is also of no avail inasmuch as in the said case, the widow of the deceased had indeed filed an application within prescribed period of one year and had requested to provide the employment to any of the family members, as she was illiterate. Since, the application filed therein by the widow was within time and the subsequent application made by her son though belated, the Court considered the first application made by the widow to be the original cause of action and accordingly issued direction in the matter, which is not the fact situation instant case.
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14. The petitioner is admittedly a B.Com Graduate, cannot be expected to be equated with the illiterate persons, as found in the aforesaid two cases sought to be relied upon.
15. No justifiable reasons / grounds made out for warranting interference at the hands of this Court. No illegality or irregularity can be found in respondent issuing the impugned endorsement, petition lacks merits.
16. Accordingly, the writ petition is dismissed.
Sd/-
(M.G.S.KAMAL) JUDGE SN/KJJ List No.: 1 Sl No.: 39 CT: AK