Karnataka High Court
Girish vs The State Of Karnataka And Ors on 9 January, 2024
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WP No. 200080 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.200080 OF 2024 (S-RES)
BETWEEN:
GIRISH S/O VITTAL
AGE: 28 YEARS, OCC: NIL
R/O: PLOT NO.43 BASAVA NAGAR,
MSK MILL ROAD BRHUMAPUR,
KALABURAGI-585103.
...PETITIONER
(BY SRI.LIYAQAT FAREED USTAD, ADVOCATE)
AND:
Digitally signed
by
KHAJAAMEEN 1. THE STATE OF KARNATAKA
L MALAGHAN REPRESENTED BY ITS PRL. SECRETARY,
Location: High DEPARTMENT OF FOREST ENVIRONMENT AND
Court of
Karnataka ECOLOGY M. S. BUILDING BENGALURU-560001.
2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
ARYANA BHAVAN MALLESHWARAM
BENGALURU-560003.
3. THE CHIEF CONSERVATOR OF FOREST
KALABURAGI CIRCLE,
KALABURAGI-585103.
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WP No. 200080 of 2024
4. DEPUTY CONSERVATOR OF FOREST
REGIONAL FOREST DIVISION,
KALABURAGI-585103.
...RESPONDENTS
(BY SRI.RAJAKUMAR KORAWAR HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE IN WRIT A NATURE OF CERTIORARI AND QUASHED
THE ENDORSEMENT LETTER NO.PÀbÉÃj DzÉñÀ ¸ÀASÉå:11-2022-
23/678 DATED 03-02-2023, PASSED BY THE RESPONDENT
NO.3 VIDE AS ANNEXURE-E. B) ISSUE THE WRIT IN NATURE
OF MANDAMUS DIRECT THE RESPONDENTS NO.1 TO 4 TO
CONSIDER APPOINTMENT OF THE PETITIONER FOR THE
SUITABLE POST IN THE DEPARTMENT OF FOREST
ENVIRONMENT AND ECOLOGY OR ANY OTHER DEPARTMENT AS
PER QUALIFICATION OF THE PETITIONER AND ETC.,
THIS PETITION COMING ON FOR PRL. HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 200080 of 2024
ORDER
This writ petition is filed seeking the following
reliefs:-
i. Issue in writ a nature of certiorari and quashed
the Endorsement Letter No.PÀbÉÃj DzÉñÀ ¸ÀASÉå :
11-2022-23/678 dated 03-02-2023, passed by
the respondent No.3 vide Annexure-E.
ii. Issue the writ in nature of mandamus direct the
respondents No.1 to 4 to consider appointment
of the petitioner for the suitable post in the
Department of Forest Environment and Ecology
or any other department as per qualification of
the petitioner.
02. It is the case of the writ petitioner that he is the
natural son of one Sri.Vittal Holkar and Smt.Jagadevi, who
was born on 23.02.1995. One Gangamma wife of late
Revenasiddappa Belekote had taken the writ petitioner in
adoption, vide adoption deed dated 28.01.2009 at
Gulbarga after complying with all the formalities and
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religious ceremonies. Since, the said Gangamma was
issueless and her husband died long back and nobody is
there to take care of her. It is stated that said Gangamma
was working in the Forest Department under the
respondent No.3 as D-group Employee. She had
completed 28 years 04 months 03 days of service. In her
lifetime on 30.12.2019 she had written a letter to the
respondent No.3 to enter the name of the writ petitioner in
the service records. The copy of the said representation
dated 30.12.2019 is filed at Annexure-B. It is stated that
the said Gangamma died on 03.02.2022 while she was in
service. The family pension of Rs.8,64,975/- was settled
by the Accountant General Office and the same is credited
to the account of the writ petitioner. Even in LIC Policies
also the name of the writ petitioner is shown as nominee
and the same are filed at Annexures-C, C1 and C2. The
writ petitioner as an adopted son of the said late
Gangamma, made a representation to the respondent
No.3 on 14.03.2022 to appoint him on compassionate
grounds. By letter dated 17.02.2022 they have instructed
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the writ petitioner to submit all the relevant documents.
Thereafter, the respondent No.4 by letter dated
03.11.2022 has submitted all the necessary documents.
Thereafter, the respondent No.3 by letter dated
29.11.2022 has sought for a clarification from respondent
No.2 regarding appointment of the writ petitioner. It is
stated that again on 09.12.2022, the writ petitioner has
given one more representation requesting them to appoint
the writ petitioner on compassionate grounds. By
impugned order dated 03.02.2023, the respondents have
rejected the claim of the writ petitioner on the ground that
there is no provision for appointment of writ petitioner on
compassionate grounds under Rules framed by
notification dated 09.04.2021 as he is an adopted son.
03. The learned counsel appearing on behalf of the
writ petitioner submits that as per the notification issued
by the Government of Karnataka by proceedings No.DPAR
26 SCA 2018 dated 09.04.2021, there was an amendment
to clause - (3) of the Karnataka Civil Services Rules,
wherein the amended provision reads as follows:-
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"(3) for clause (ii), the following shall be
substituted, namely:-
"(ii) in the case of the deceased female married
Government Servant;
(a) son or daughter who is chosen by the
widower of the deceased Government Servant;
and
(b) widower; if he son or daughter are not
eligible or for any valid reason they are not
willing to accept the appointment".
who were dependent on her and were living with
her.
Note: In case spouse is pre-deceased then
preference shall be given in the order of age of
children."
04. The learned counsel for the writ petitioner
further submits that there is an order of the Division
Bench of this Court in W.A.No.100362/2022 dated
04.11.2022 wherein the Division Bench of this Court has
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set-aside the order passed in W.P.No.107136/2018 dated
24.06.2021 by the learned Single Judge of this Court,
wherein the learned Single Judge has dismissed the writ
petition refusing the relief of the writ petitioner for
considering his case for appointment on compassionate
grounds as he was adopted son. The Division Bench of this
Court has observed that the amendment dated
09.04.2021 was not brought to the notice of the learned
Single Judge, when the order was passed. The Division
Bench of this Court considering the amendment dated
09.04.2021 has observed that the representation made by
the adopted son for compassionate appointment, requires
to be considered by the respondents and accordingly
allowed the writ appeal. He further submits this case is
also squarely covered by the order passed by the Division
Bench and the direction may be issued to respondents to
consider the case of the petitioner for appointment on
compassionate grounds.
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05. On the other hand, the learned High Court
Government Pleader appearing for the respondents
submits that he will come up with objections. It is
submitted that this Court in the case of P. C. Sreeram vs.
State of Karnataka and others,1 has held that the
adopted son is not entitled for compassionate
appointment. It is submitted that in view of the same, the
relief as sought by the writ petitioner cannot be granted
and the respondents have rightly rejected the case of the
writ petitioner.
06. Having heard the learned counsel on either
side, perused the entire material on record.
07. According to the writ petitioner he is the
adopted son of the deceased - Gangamma. He was
adopted in the year 2009. In the LIC policies taken by late
Gangamma, the writ petitioner was shown as nominee,
which is filed before this Court at Annexures-C, C1 and C2.
During her life time, she has given a representation on
30.12.2019, which is marked at Annexure-B, asking the
2000 (6) Kar.L.J. 266.
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respondents to enter the name of the writ petitioner in the
Service Register. All these things goes to show that the
writ petitioner is the adopted son of the deceased -
Gangamma. The respondents by way of the impugned
proceedings have rejected the case of the writ petitioner.
The learned High Court Government Pleader has also
objected that it is covered by the judgment of this Court in
the case of P. C. Sreeram vs. State of Karnataka and
others.
08. This Court is not able to appreciate the
submission of the learned High Court Government Pleader
for the reason that they themselves have brought the
amendment dated 09.04.2021. The Division Bench of this
Court has considered the same and has held that the
adopted son is eligible for appointment on compassionate
grounds. In that view of the matter, the endorsement
letter dated 03.02.2023 given by the respondents is liable
to be quashed.
09. Accordingly, the writ petition is allowed.
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ORDER
i. The Endorsement Letter No.PÀbÉÃj DzÉñÀ ¸ÀASÉå : 11-
2022-23/678 dated 03-02-2023, passed by the
respondent No.3 vide Annexure-E, is hereby
quashed.
ii. The respondents are directed to consider the case of
the writ petitioner for appointment on compassionate
grounds to the suitable post in the Department of
Forest Environment and Ecology, as per the
qualification and eligibility of the writ petitioner.
Sd/-
Judge
KJJ
CT:VD
