[Cites 2, Cited by 0]
Karnataka High Court
Chandramma And Anr vs The Managing Director And Anr on 9 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2235
WP No. 202389 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202389 OF 2023 (S-RES)
BETWEEN:
1. CHANDRAMMA W/O LATE KASHINATH,
AGED ABOUT 57 YEARS,
OCC: HOUSEHOLD,
R/O TALAMADAGI VILLAGE, TQ. CHITAGUPPA,
DIST. BIDAR-585412.
2. MEGHARAJ S/O KASHINATH,
AGED ABOUT 24 YEARS, OCC: PRIVATE WORK,
R/O TALAMADAGI VILLAGE,
TQ.CHITAGUPPA DIST. BIDAR-585412.
...PETITIONERS
(BY SRI RAMCHANDRA K., ADVOCATE)
Digitally signed by
SWETA KULKARNI
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE MANAGING DIRECTOR,
NEKSRTC, KALABURAGI,
SARIGE SADANA,
OPP. KBN HOSPITAL, KALABURAGI-585102.
2. THE DIVISIONAL CONTROLLER,
NEKSRTC, MAIN ROAD, BIDAR-585412.
...RESPONDENTS
(BY SRI DEEPAK V. BARAD, ADVOCATE FOR R1 AND R2)
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NC: 2026:KHC-K:2235
WP No. 202389 of 2023
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT
ISSUED BY RESPONDENT NO.2 ¸ÀA/FPÀgÀ¸Á/©Ã«/¹§âA¢/£ÉêÀÄPÀ/2212/16-17
ON DATED 19-11-2016 AS PER ANNEXURE-H AND
CONSEQUENTLY TO APPOINT THE PETITIONER NO.2 AT THE
RESPONDENT NO.2's OFFICE ON THE COMPASSIONATE
GROUND OF THE DECEASED KASHINATH; B) ISSUE WRIT OF
MANDAMUS OR DIRECTIONS TO THE RESPONDENTS TO
CONSIDER THE REPRESENTATION AS PER ANNEXURE-K AND
K1; C) ISSUE ANY OTHER DIRECTIONS OR ORDERS THAT THE
HIGH COURT DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioners are before this Court in this writ petition
filed under Articles 226 and 227 of the Constitution of
India seeking for the following reliefs:
"a) Issue writ of certiorari to quash the endorsement
issued by respondent no.2 ¸ÀA/FPÀg¸ À Á/©Ã«/¹§âA¢/£ÉêÀÄPÀ/
2212/16-17 on dated 19-11-2016 as per Annexure-H
and consequently to appoint the petitioner no.2 at
the respondent no.2's office on the compassionate
ground of the deceased Kashinath.
b) Issue writ of mandamus or directions to the
respondents to consider the representation as per
Annexure-K and K1.
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HC-KAR
c) Issue any other directions or orders that the high
court deems fit under the facts and circumstances of
the case.
2. Heard the learned counsel for the parties.
3. Husband of the petitioner No.1 and father of
petitioner No.2 namely late Kashinath was an employee of
respondent No.1 - Corporation. It appears that Kashinath
had died while in service on 04.10.2009. Subsequently
petitioner No.1 had submitted a representation to appoint
her son Gurunath on compassionate ground. The
respondents, after considering the said application, had
issued the impugned endorsement Annexure-H dated
19.11.2016 rejecting the application of the aforesaid
Gurunath on the ground that he is the son born to
Kashinath from his second wife Smt. Saraswati. It
appears that subsequently, petitioners herein have filed a
fresh application before respondents on 04.01.2018 and
18.11.2022 vide Annexures-K and K1 seeking appointment
on compassionate ground to petitioner No.2 herein who is
the son of late Kashinath born to petitioner No.1 who is
NC: 2026:KHC-K:2235
HC-KAR
the first wife of late Kashinath. The said application is not
considered by the respondents till date. It is under these
circumstances, petitioners are before this Court.
4. Perusal of the material on record would go to
show that late Kashinath had two wives. Petitioner No.1 is
his first wife and one Smt. Saraswati appears to be his
second wife. Gurunath is the son born to late Kashinath
from his second wife Smt. Saraswati whereas petitioner
No.2 herein is the son born to late Kashinath from his first
wife Smt. Chandramma who is petitioner No.1 herein. The
application filed by Gurunath seeking compassionate
appointment has been rejected by the respondents vide
impugned endorsement dated 19.11.2016 at Annexure-H
on the ground that he is the son of late Kashinath born
from his second wife Smt. Saraswati. The said aspect of
the matter is not disputed by the petitioners herein.
Therefore, no error can be found in the impugned
endorsement at Annexure-H dated 19.11.2016.
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HC-KAR
5. After respondents had issued the impugned
endorsement at Annexure-H dated 19.11.2016, the
petitioners herein have filed fresh applications at
Annexures-K and K1 dated 04.01.2018 and 18.11.2022
respectively seeking appointment on compassionate
grounds for petitioner No.2 who is the son of late
Kashinath born from his first wife Smt. Chandramma who
is petitioner No.1 herein. Grievance of the petitioners is
that the said representations are not considered till date.
6. Learned counsel for respondents submits that if
the said applications are not considered till date and
disposed of, the same shall be considered in accordance
with law and appropriate orders shall be passed.
7. In view of the aforesaid, the following:
ORDER
(i) The Writ Petition is partly allowed.
(ii) The respondents are directed to consider
the representations at Annexures-K and K1
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HC-KAR
dated 04.01.2018 and 18.11.2022
respectively submitted by the petitioners
herein seeking compassionate appointment
for petitioner No.2 herein and pass
appropriate orders in accordance with law
on the said representations, as
expeditiously as possible, but not later than
the period of three months from the date of
receipt of copy of this order.
In view of disposal of the writ petition, I.A.No.1/2025
does not survive for consideration and the same is
disposed of.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SWK
List No.: 1 Sl No.: 35
Ct:pk
