- 1 - NC: 2025:KHC-K:2265-DB WA No. 200037 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.200037 OF 2021 BETWEEN: R. SHYAM KUMAR S/O R. KENCHAPPA, AGE: 39 YEARS, OCC: PEON, R/O H.NO.8-10-73, DR.B.R.AMBEDKAR NAGAR, HARIJANAWAD, RAICHUR, DIST. RAICHUR-584101. …APPELLANT (BY SRI R. J. BHUSARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIDHAN SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY. 2. THE COMMISSIONER, DIRECTORATE OF MUNICIPAL ADMINISTRATION, AMBEDKAR ROAD, 9TH AND 10TH FLOOR, V.V. TOWER, SAMPANGI RAMA NAGAR, BANGALORE-01. 3. THE DEPUTY COMMISSIONER, RAICHUR DISTRICT, RAICHUR-584101. 4. PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2265-DB WA No. 200037 of 2021 D.C. OFFICE, RAICHUR-584101 5. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, RAICHUR-584101. 6. CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, LINGASUGUR-584122. …RESPONDENTS (BY SRI. MALLIKARJUN C. BASAREDDY, GA FOR R1 TO R4; SRI. GOURISH S. KHASHAMPUR, ADVOCATE FOR R5; NOTICE TO R-6 SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION NO.226695/2020 DATED 10.12.2020 AND CONSEQUENTLY DISMISS THE WRIT PETITION AS PRAYED FOR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This intra Court appeal is filed being aggrieved by the order dated 10.12.2020 passed in W.P.No.226695/2020 (S-RES) by the learned Single Judge, wherein the writ petition filed by the petitioner was dismissed. - 3 - NC: 2025:KHC-K:2265-DB WA No. 200037 of 2021 2. Sri. R.J.Bhusare, learned counsel appearing for the appellant submits that the appellant has sought writ of mandamus before the learned Single Judge seeking consideration of his representation dated 07.11.2014 and 04.09.2015 at Annexure-C and D respectively. It is submitted that the appellant was appointed on 20.07.2012 on compassionate ground as a attender in the vacant place at Lingasugur City Municipal Corporation, in the cadre of Group-D and as per eligibility of the appellant he ought to have been appointed in Group-C category which has not been considered by the authorities. Hence, he has filed the writ petition. However, the learned Single Judge without considering the entitlement of the appellant dismissed the writ petition. It is further submitted that once the appellant is held to be eligible to be appointed on compassionate grounds, his appointment ought to have been in Group-C category instead of Group-D category. Hence, he seeks to allow the writ petition. 3. Per contra, Sri. Mallikarjun C.Basareddy, learned Government Advocate appearing for respondent - 4 - NC: 2025:KHC-K:2265-DB WA No. 200037 of 2021 Nos.1, 2 to 4 supports the order of the learned Single Judge and submits that the learned Single Judge has taken note of the fact that there is no inherent right of the family member of the deceased to seek an appointment. Considering the request and on found that the appellant is eligible he has been provided with an appointment and now he cannot come and say that he is eligible of the Group-D category which has been rightly considered by the learned Single Judge by rejecting the writ petition. Hence, he seeks to dismiss the appeal. He further adds that the appellant is promoted on 17.05.2023 as a Bill Collector which is Group-C category. The said submission is placed on record. 4. We have heard the submissions of the learned counsel for the appellant, learned Government Advocate for respondent No.1, 2 to 4 and meticulously perused the materials available on record. 5. It is not in dispute that the appellant was appointed on 20.07.2012 as a attender in a vacant place - 5 - NC: 2025:KHC-K:2265-DB WA No. 200037 of 2021 at Lingasugur City Municipal Corporation in the cadre of Group-D post as per Annexure-B. The appellant having accepted the said appointment and worked for nearly eight years and filed the writ petition in the year 2020 seeking for appointment of higher post. The learned Single Judge recorded the finding that the compassionate appointment is not an alternative to the normal course of appointment as there is no inherent right to seek compassionate appointment. The object of providing compassionate appointment is a solace and succour to the family in difficult times and thus the relevancy at that stage of time when the employee passes away and further held that claim of the appointment on compassionate ground shall be considered with regard to relevant scheme available as on the date of death of the employee. In the case on hand, the appellant was found eligible to be appointed on compassionate ground to the Group-D post on 20.07.2012 and having accepted the same he cannot now come after a period of more than eight years and seek for higher post. We do not find any merit in the said contention and - 6 - NC: 2025:KHC-K:2265-DB WA No. 200037 of 2021 accordingly rejected. We also cannot lose sight of the fact that the appellant has also accepted his promotion vide order dated 17.05.2023, wherein he was promoted as a Bill collector in the said Lingasugur City Municipal Corporation. 6. In view of the aforesaid reasons, we do not find any error in the finding recorded by the learned Single Judge calling for interference in the present appeal. Accordingly, we proceed to pass the following: ORDER The writ appeal is dismissed. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 31 CT:SI