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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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
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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
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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
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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
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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
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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
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- 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
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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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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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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
CT: AK
