1. This writ petition under Article 226 of the
(a) Issue writ of certiorari quashing the
impugned endorsement dated 09.07.2019 in File No.
C.EA(«)G¯É¤/¸À¯C
É /¸À-5/201-20/1685-87 is issued by
respondent No.3 as per Annexure-D, in the ends of
justice and equity;
NC: 2025:KHC-K:5063
HC-KAR
(b) Issue writ of certiorari quashing the
impugned order dated 24.07.2019 file No.
941/PÁ¤C(«)/¯ÉC/»¸À/PÀ/2019-20/1110 issued by respondent
No.2 as per Annexure-E, in the interest of justice and
equity;
(c) Issue writ of mandamus directing the
respondents to consider the representation dated
18.08.2021 as per Annexure-F, and direct the
respondents to appoint the petitioner on compassionate
ground, in the interest of justice and equity;
(d) Issue any order or orders as deems fit in
the facts and circumstances of the case.
2. Heard the learned counsels for the parties.
3. The petitioner's father Tippanna who was working
as an Assistant Station Mechanic Grade-II, in the Karnataka
Power Transmission Corporation Limited, had died in harness
on 16.04.2017. Thereafter, the petitioner had submitted an
application on 04.04.2018 seeking appointment on
compassionate ground. The prayer made by the petitioner
was rejected by the respondent No.3 vide endorsement at
Annexure-D dated 09.07.2019 on the ground that, as on the
date of death of Tippanna, the petitioner was aged below 17
years and placing reliance on the amended circular dated
NC: 2025:KHC-K:5063
HC-KAR
01.04.2011, the application of the petitioner along with all
documents which were forwarded were directed to be
returned. Pursuant to the endorsement dated 09.07.2019 at
Annexure-D, the respondent No.2 has returned the
application along with all documents informing the petitioner
that his request for appointment on compassionate ground
cannot be considered. The communication of the respondent
No.2 dated 24.07.2019 is produced at Annexure-E. Assailing
the aforesaid endorsement at Annexure-D and
communication at Annexure-E, the petitioner is before this
Court.
4. The petitioner's father Tippanna had died in
harness on 16.04.2017. The petitioner had filed application
seeking compassionate appointment on 04.04.2018, which is
well within the period of one year from the date of his
father's death. Along with application at Annexure-C dated
04.04.2018, the petitioner has forwarded certain documents
in support of his candidature for appointment on
compassionate ground. The petitioner's SSLC marks card
was also forwarded along with Annexure-C and it appears
NC: 2025:KHC-K:5063
HC-KAR
that, in the SSLC marks card, the petitioner's date of birth is
mentioned as 28.07.2000. If the said date of birth is taken
into consideration as on the date of death of the petitioner's
father i.e. 16.04.2017, the petitioner was aged about 16
years 09 months. The petitioner's birth certificate is available
on record and according to the said document, the date of
birth of the petitioner is 15.03.2000. If the said document is
taken into consideration, as on the date of death of the
petitioner's father, the petitioner was aged about 17 years
01 month. If the date of birth of the petitioner as stated in
his birth certificate is taken into consideration, he would
have attained the age of 18 years within one year from the
date of death of his father. If that is so, the petitioner would
be eligible for appointment on compassionate ground.
5. Under the circumstances, I am of the opinion
that, the impugned endorsement at Annexure-D and
communication at Annexure-E dated 09.07.2019 and
24.07.2019, respectively, are required to be quashed and
the matter needs to be remanded to the competent authority
to consider the application at Annexure-C dated 04.04.2018
NC: 2025:KHC-K:5063
HC-KAR
submitted by the petitioner seeking compassionate
appointment, afresh.
6. Accordingly, the following :
ORDER
(i) The writ petition is partly allowed;
(ii) The impugned endorsement at
Annexure-D dated 09.07.2019 bearing No.
C.EA(«)G¯É¤/¸À¯C
É /¸À-5/201-20/1685-87 and the
impugned communication at Annexure-E bearing
No.941/PÁ¤C(«)/¯ÉC/»¸À/PÀ/2019-20/1110 issued by
respondent Nos.3 and 2 respectively are quashed
and the respondent No.3 is directed to consider
the application of the petitioner at Annexure-C
dated 04.04.2018 seeking compassionate
appointment afresh taking into consideration the
observations made by this Court herein above.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SVH
List No.: 1 Sl No.: 59
Ct:pk
