- 1 - NC: 2025:KHC:3521 WP No. 16243 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 16243 OF 2022 (S-RES) BETWEEN: SRI KRISHNA DAS C S/O G. CHANDRAPPA AGED ABOUT 46 YEARS R/AT GILIKENAYALLY POST HOLALKERE TALUK CHITRADURGA-577526. …PETITIONER (BY SRI. SHREEDHAR G BIDRE, ADV. FOR SRI RAGHAVENDRA G GAYATRI, ADV.) AND: THE KARNATAKA HOUSING BOARD REP. BY ITS COMMISSIONER 3RD AND 4TH FLOOR KAVERI BHAVAN, K.G. ROAD BANGALORE-560 009. …RESPONDENT (BY SMT. SUMANGALA GACHCHINAMATH, ADV. FOR SRI. GURUDEV I GACHCHINAMATH, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 21.03.2022 IN REFERENCE NO.KA.GRU.MAM/SI.SHA/P.R/06/2021-22 DATED 21.03.2022 VIDE ANNEXURE-A SERIES ISSUED BY THE RESPONDENT AS ILLEGAL AND ARBITRARY AS THE SAME AMOUNTS TO DISCRIMINATION AND DIRECT THE RESPONDENT TO CONSIDER THE CASE OF PETITIONER FOR APPOINTMENT ON COMPASSIONATE GROUND. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3521 WP No. 16243 of 2022 CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Though the matter is listed for ‘Orders’ regarding non-compliance of office objections, with the consent of learned counsel appearing for the parties, the same is taken up for final disposal. 2. Heard learned counsel Sri.Shreedhar G. Bidre for Sri.Raghavendra G. Gayatri, for petitioner and learned counsel Smt.Sumangala Gachchinamath, for Sri.Gurudev S. Gachchinamath, for respondent. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that wife of the petitioner was working as Second Division Assistant in the respondent-Board and she died in harness on 12.05.2019. On the death of his wife, petitioner made an application dated 25.07.2019 to the respondent-Board seeking compassionate appointment. The request of the petitioner is rejected under Annexure-A, endorsement - 3 - NC: 2025:KHC:3521 WP No. 16243 of 2022 dated 21.03.2022 on the ground that petitioner is over aged. Questioning the said endorsement, petitioner is before this Court in this writ petition. 4. Learned counsel for the petitioner would submit that the petitioner belongs to Category-I and in terms of proviso to Rule 4(2) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, ‘1996 Rules’), widow or widower of deceased Government servant who seeks appointment under these Rules, the age limit specified under Rule 4 would not apply and further he submits that the age limit for such dependents shall not exceed 55 years at the time of submitting application. Learned counsel would submit that at the time of submitting application, the petitioner was aged 43 years. Therefore, he submits that the endorsement issued by the respondent-Board is contrary to 1996 Rules and the petitioner would be entitled for the appointment on compassionate ground. Thus, learned counsel would pray for allowing the writ petition by - 4 - NC: 2025:KHC:3521 WP No. 16243 of 2022 quashing the endorsement and to direct the respondent to consider the petitioner’s case for appointment on compassionate ground. 5. On the other hand, learned counsel Smt.Sumangala Gachchinamath for respondent-Board submits that the petitioner was over aged as on the date of submitting his application and as such, case of the petitioner was not considered and endorsement was issued stating that the petitioner is over aged. Learned counsel would submit that the petitioner was aged 43 years as on the date of submitting application and the age prescribed for appointment for Category-I candidate is 40 years in terms of the Karnataka Civil Services (General Recruitment) Rules, 1977. Therefore, she defends the action of respondent-Board and prays for dismissal of the writ petition. 6. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, the only point which falls for consideration is as to, - 5 - NC: 2025:KHC:3521 WP No. 16243 of 2022 Whether the impugned endorsement rejecting petitioner’s claim for compassionate appointment is legally sustainable? 7. The answer to the above point would be in the Negative and requires re-consideration for the following reasons: 8. It is claimed that the petitioner’s wife was working as Second Division Assistant in the respondent- Board and she died in harness on 12.05.2019. On the death of petitioner’s wife, the petitioner made application on 25.07.2019 seeking settlement of pensionary benefits as well as to provide compassionate appointment. Under impugned endorsement, petitioner’s request is rejected on the ground that the petitioner is over aged. It is claimed that the petitioner belongs to Category-I and as on the date of submitting application, he was aged 43 years 3 months. Rule 4 of 1996 Rules provides for conditions of appointment on compassionate ground. Rule 4(2) of 1996 Rules reads as follows: - 6 - NC: 2025:KHC:3521 WP No. 16243 of 2022 “4. Conditions of Appointment. – Appointment on compassionate grounds under these rules shall be subject to the following conditions, namely:- (1) xxxxxxxx (2) Person seeking appointment shall be within the age limit specified for the post in the relevant rules of recruitment specially made in respect of any service or post read with sub rule (3) of rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977 and where it is not so specified such person shall be within the age limits specified in the Karnataka Civil Services (General Recruitment) Rules, 1977. Provided that, the age specified above shall not apply to widow or widower of the deceased Government servant, who seeks appointment under these rules. The age limit for these dependents shall not exceed fifty five years at the time of submitting application.” 9. The above Rule makes it clear that the person seeking appointment shall be within the age specified for - 7 - NC: 2025:KHC:3521 WP No. 16243 of 2022 the post in the relevant rules of recruitment specially made in respect of any service or post read with Sub-rule (3) of Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977. The proviso makes it abundantly clear that for a widow or widower the above age limit will not apply, but they shall not be over 55 years of age while submitting the application. 10. The respondent-Board has not taken note of the proviso to Rule 4(2) of 1996 Rules while issuing the impugned endorsement. The respondent-Board is obliged to consider the case of the petitioner in terms of proviso to Rule 4(2) of 1996 Rules. Hence, the following: ORDER a) The endorsement at Annexure-A bearing No.PÀUÀȪÀÄA/¹.±Á/¦.Dgï/06/2021-22 dated 21.03.2022 is quashed. b) The respondent-Board is directed to re- consider the application of the petitioner - 8 - NC: 2025:KHC:3521 WP No. 16243 of 2022 for compassionate appointment, if he is otherwise eligible in terms of the proviso to Rule 4(2) of 1996 Rules and pass appropriate order within eight weeks from today. c) With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 6