- 1 - HC-KAR NC: 2025:KHC:20295 WP No. 16165 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16165 OF 2024 (S-RES) BETWEEN: HARISH KULKARNI S/O LATE RAVINDRA KULKARNI AGED ABOUT 33 YEARS R/AT HOUSE NO.2911 SEDAM ROAD, BEHIND OKALI CAMP N G O COLONY, KALABURGI-585105. …PETITIONER (BY SRI. CHANDRAN SANJAY BHAT, ADVOCATE FOR SRI. MOHAN KUMAR M., ADVOCATE) AND: HIGH COURT OF KARNATAKA REP. BY THE REGISTRAR GENERAL BENGALURU-560001. …RESPONDENT (BY SRI. NITISH K N., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED: 05.06.2021 NO. DJA.II 295/2019 ISSUED BY THE RESPONDENT VIDE ANNEXURE-E AND DIRECT THE RESPONDENT TO APPOINT THE PETITIONER AS F.D.A. OR S.D.A FORTHWITH ON COMPASSIONATE GROUND AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20295 WP No. 16165 of 2024 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 is filed by the petitioner challenging the endorsement dated 04/05.06.2021 (Annexure-E) issued by the respondent, whereby the petitioner's representation for appointment as FDA or SDA on compassionate grounds has been rejected. 2. Brief facts of the case of the petitioner is that the father of the petitioner, namely Sri Ravindra Kulkarni, was working as Judgment Writer in the Labour Court at Kalaburagi. While he was in service, he died on 25.07.2018. Thereafter, the petitioner, who is the son of the deceased Sri Ravindra Kulkarni, submitted an application on 08.11.2019 for appointing him on compassionate grounds. Considering the same, he has been appointed as ‘Process Server’ by order dated 25.08.2020. Thereafter, the petitioner filed another application seeking a review of the earlier order appointing - 3 - HC-KAR NC: 2025:KHC:20295 WP No. 16165 of 2024 him as a Process Server. His request has been rejected by the respondent by impugned endorsement. Being aggrieved by the same, the present petition has been filed. 3. Learned counsel for the petitioner has submitted that, as per Rule 4(4) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (hereinafter referred to as ‘Rules 1996’ for short), the appointment shall be made to any post in Group ‘C’ or Group ‘D’ depending upon the qualification specified for the post. Since the petitioner was a B.E. graduate, his case had to be considered for a Group ‘C’ or Group ‘D’ post. However, by appointment order dated 25.08.2020, he was appointed as a ‘Process Server’. Contrary to the provisions of Rule 4(4), the impugned endorsement has been issued. Hence, he sought for allowing the writ petition. 4. Per contra, learned counsel appearing for the respondent has submitted that the application submitted - 4 - HC-KAR NC: 2025:KHC:20295 WP No. 16165 of 2024 by the petitioner was considered based on the vacancies available on that day. The petitioner was appointed as a Process Server. Since there was no vacancies in Group ‘C’ or Group ‘D’ posts, he was appointed as a Process Server by appointment order dated 25.08.2020. The petitioner accepted the same and reported for the duty. Thereafter, he filed an application for modification of the appointment order. His request is contrary to Rule 6(4) of the Rules 1996. Therefore, his request was rightly rejected by issuing the impugned endorsement. He further submitted that, after a lapse of four years, the petitioner has approached this Court. On the ground of delay also, the writ petition is liable to be dismissed. 5. Heard the learned counsel for the parties. Perused the writ papers. 6. The petitioner’s father, Sri Ravindra Kulkarni, was working as Judgment Writer in the Labour Court at Kalaburagi. While he was in service, he died on - 5 - HC-KAR NC: 2025:KHC:20295 WP No. 16165 of 2024 25.07.2018. Thereafter, the petitioner submitted an application for appointing him on compassionate grounds. Since there was no vacancies in Group ‘C’ or Group ‘D’, he was appointed as a Process Server by appointment order dated 25.08.2020. The petitioner accepted the same and reported for duty and he has been working in the said post. Thereafter, the petitioner has filed one more application for reviewing the earlier appointment order on the ground that he has completed his BE graduate. 7. As per Rule 6(4) of the Rules 1996, once the appointment is made under these rules shall be final and no fresh appointment to a different post or higher post under these rules shall be permissible. Rule 6(4) of the Rules 1996 is extracted hereunder: “6(4) Appointment once made under these rules shall be final and no fresh appointment to a different post or higher post under these rules shall be permissible.” - 6 - HC-KAR NC: 2025:KHC:20295 WP No. 16165 of 2024 8. Considering the same, the respondent has rightly issued the impugned endorsement. There is no error or illegality in the endorsement dated 04/05.06.2021, vide Annexure-E, issued by the respondent. Even after the issuance of the endorsement, the petitioner has approached this Court after a lapse of four years. There is also a delay in filing the writ petition. 9. In view of the above, the writ petition is devoid of merit. Accordingly, it is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 1