- 1 - HC-KAR NC: 2025:KHC:19976 WP No. 12839 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12839 OF 2023 (S-RES) BETWEEN: SRI. H K KESHAVAMURTHY S/O. LATE KARIYAPPA A.K. AGED ABOUT 37 YEARS A.K.COLONY, HULIYAR CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT. …PETITIONER (BY SRI. NAGARAJ D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE DIRECTOR MUNICIPAL ADMINISTRATION 9TH FLOOR, VISHVESHVARAYYA TOWER DR. B.R.AMBEDKAR VEEDHI BANGALORE-560 001. 3. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572101. 4. THE PLANNING DIRECTOR DISTRICT CITY DEVELOPMENT CELL OFFICE OF THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19976 WP No. 12839 of 2023 5. THE CHIEF OFFICER TOWN PANCHAYATHI CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT-572208. …RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1 TO R4: SRI. S MAHESH., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER OR DIRECT TO DECLARE THAT IN PURSUANCE OF THE PROVISIONS OF CLAUSE (D) AND (G) OF SECTION 357 OF KARNATAKA MUNICIPALITIES ACT, 1964, THE PETITIONERS FATHER LATE KARIYAPPA WAS AN EMPLOYEE I.E., POWRAKARMIKA OF THE R5 HULIYAR TOWN PANCHAYATH 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 This writ petition is filed under Articles 226 & 227 of the Constitution of India seeking a writ in the nature of mandamus directing the second respondent to grant approval for providing compassionate appointment to the petitioner on account of untimely death of his father late Kariyappa, the Powrakarmika of the fifth respondent and to disburse all consequential service benefits and terminal benefits by considering the proposal submitted by the third respondent dated 03.08.2020 vide Annexure-G and - 3 - HC-KAR NC: 2025:KHC:19976 WP No. 12839 of 2023 the proposal submitted by the fourth respondent dated 05.01.2023 vide Annexure-N. 2. The petitioner’s father late Kariappa was a Powrakarmika appointed by the erstwhile Grama Panchayat, Huliyaru in the year 1979. Thereafter, Huliyaru Grama Panchayat was upgraded to Huliyaru Town Panchayat as per Section 357 of the Karnataka Municipalities Act, 1964 (for short, ‘the said Act’), by order dated 23.02.2018. From the date of up gradation of the Grama Panchayat into Town Panchayat, the petitioner’s father was working as a Powrakarmika in Huliyaru Town Panchayat. While he was in service, he died on 19.12.2018. Thereafter, the respondent has issued an order on 10.10.2019 vide Annexure-F that under Section 357 of the said Act, all the employees working in Huliyaru Grama Panchayat are treated as Municipal employees. Since the petitioner’s father is dead, his name is not reflected in the order. In the meantime, the petitioner submitted an application for appointment on - 4 - HC-KAR NC: 2025:KHC:19976 WP No. 12839 of 2023 compassionate grounds on 31.12.2018 and the same has been forwarded by the Chief Officer, Town Panchayat to the Project Director, Tumakuru District. The Deputy Commissioner sent a recommendation to the Director vide Annexure-G dated 03.08.2020 recommending the name of the petitioner for consideration of appointment on compassionate grounds and the Project Director also sent a recommendation to the Director vide Annexure-N dated 05.01.2023 recommending the name of the petitioner for appointment on compassionate grounds. So far, the representation of the petitioner has not been considered. Therefore, he seeks for allowing the writ petition. 3. Heard the learned counsel for the parties and perused the writ papers. 4. It is not in dispute that the petitioner’s father was an employee of the Huliyaru Grama Panchayat. Thereafter, vide order dated 23.02.2018 the Grama Panchayat was upgraded to Town Panchayat as per Section 357 of the said Act. As per Section 357 of the said - 5 - HC-KAR NC: 2025:KHC:19976 WP No. 12839 of 2023 Act, all the employees of the Grama Panchayat had to be treated as the employees of the Town Panchayat. After the up gradation of the Huliyaru Grama Panchayat into Huliyaru Town Panchayat, the petitioner’s father worked for 9 months at Huliyaru Town Panchayat. While he was in service, he expired on 19.12.2018. Thereafter, the Director has issued the order dated 10.10.2019 under Section 357 of the said Act. In the said order, the petitioner’s father’s name has not been reflected since he died before issuing the said order. The petitioner is the son of deceased Kariappa, who died while in service at Huliyaru Town Panchayat, the fifth respondent herein. He submitted an application seeking for appointment on compassionate grounds to the Chief Officer, Huliyaru Town Panchayat. The Chief Officer, in turn, has recommended the name of the petitioner for appointment on compassionate grounds to the Deputy Commissioner. In turn, the Deputy Commissioner, vide Annexure-G dated 03.08.2020, sent a letter to the Director for - 6 - HC-KAR NC: 2025:KHC:19976 WP No. 12839 of 2023 consideration of the representation of the petitioner on the ground that the petitioner’s father was an employee of Huliyaru Town Panchayat. Even, vide Annexure-N dated 05.01.2023, the Project Director has also recommended the name of the petitioner on the ground that the petitioner’s father died while working in Town Panchayat, Huliyaru. Inspite of the recommendations made by the Deputy Commissioner as well as the Project Director, the case of the petitioner has not been considered. 5. Under these circumstances, without expressing any opinion on the merits of the case, it is suffice for this Court to direct respondent Nos. 2 and 3 to consider the case of the petitioner for appointment on compassionate grounds, keeping in view of the recommendations made by the Deputy Commissioner as well as the Project Director produced as Annexures G and N, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. - 7 - HC-KAR NC: 2025:KHC:19976 WP No. 12839 of 2023 With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 50