- 1 - HC-KAR NC: 2025:KHC:23637 WP No. 5536 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5536 OF 2023 (S-RES) BETWEEN: SMT SHALINI R W/O RAJU M D/O SUNANDAMMA AND RANGASWAMY AGED ABOUT 33 YEARS R/AT PADDY FIELD KARGAL COLONY, KARGAL SAGAR TALUK,SHIVAMOGGA DISTRICT 577421 …PETITIONER (BY SRI. SAMEER S N.,ADVOCATE) AND: 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION OFFICE OF THE DIRECTORATE OF MUNCIPAL ADMINISTRATION AMBEDKAR ROAD, 9TH & 10TH FLOOR VISHVESHWARAIAH TOWER SAMPANGI RAMA NAGAR BENGALURU 560001. 2. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL DC OFFICE, SHIVAMOGGA 577201. 3. THE CHIEF OFFICER TOWN PANCHAYATH JOG-KARGAL, SAGAR TALUK SHIVAMOGGA DISTRICT 577421 …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA FOR R1 & R2: SRI. M K NIYAZUDDIN., ADVOCATE FOR R3) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23637 WP No. 5536 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ANNEXURE-A. ENDORSEMENT NO.KRA.SAM/ PA.PAM/ JO.KA/ SIBBANDI/ C.R/ 148/2021-22 DATED: 01.02.2023 ISSUED BY THE R-3 THE CHIEF OFFICER TOWN PANCHAYATH JOG-KARGAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India challenging the endorsement dated 01.02.2023 issued by respondent No.3, whereby the request of the petitioner for appointment on compassionate ground has been rejected. 2. The petitioner’s mother Smt.D.G.Sunandamma was working as Poura Karmika in the office of the Town Panchayath, Jog-Kargal. She died on 12.08.2016 while in service. Subsequently, the petitioner, who is the daughter of Smt.D.G.Sunandamma, has filed an application on 08.11.2016 for appointment on compassionate ground. The said application has been rejected by impugned endorsement only on the ground that the petitioner is a - 3 - HC-KAR NC: 2025:KHC:23637 WP No. 5536 of 2023 married daughter of the deceased Government servant. Being aggrieved by the same, the petitioner is before this Court. 3. As on the date of filing the application for appointment on compassionate grounds, there was no rule permitting appointment on compassionate grounds for a married daughter. The Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 were amended in 2021 by substituting the words “unmarried daughter”. Therefore, this substitution is to be read as effective from the date the amended rules came into force. This issue has been considered by the Division Bench of this Court in W.P.No.20216/2024, disposed of on 31.07.2024. The relevant paragraph Nos.6 and 7 of the said petition (supra) is extracted below: 6. Having considered the contentions advanced by the learned counsel appearing for the parties, we are of the opinion that the finding of the Tribunal that the amendment had only prospective effect and therefore the application cannot be considered, - 4 - HC-KAR NC: 2025:KHC:23637 WP No. 5536 of 2023 cannot be accepted. The petitioner's application has been rejected only on the ground that she is a married daughter of the deceased government servant. It is not disputed that the provisions of the unamended Rules to the effect only an unmarried daughter could make an application stood struck down as unconstitutional and the said judgment has become final. Thereafter, the Rules have also been amended substituting the words "unmarried daughter" with the word "daughter". 7. In the above view of the matter and in view of the fact of amendment made to the Rules by substitution, we are of the opinion that the rejection of the application for appointment made by the petitioner on the sole ground that she is a married daughter cannot be accepted. 4. In view of the above, the impugned endorsement issued by respondent No.3 is unsustainable. 5. Hence, I pass the following order: ORDER a) The writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:23637 WP No. 5536 of 2023 b) The impugned endorsement dated 01.02.2023 issued by respondent No.3 vide Annexure-A is hereby quashed. c) Respondents are directed to reconsider the application filed by the petitioner dated 02/08.11.2016, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 46