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2025 DAILYLAW 3609 (KAR)

SRI.RAMEEZ H PATEL S/O HASSANSAB PATEL v. THE DIVISIONAL CONTROLLER

WP/147108/2020 · 2025-01-22

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:1227 WP No. 147108 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 147108 OF 2020 (S-KSRTC) BETWEEN: SRI.RAMEEZ H PATEL S/O HASSANSAB PATEL, AGED ABOUT: 27 YEARS, OCC: UNEMPLOYED, R/O: PLOT NO.370, 6TH CROSS, NEW VEERABHADRA NAGAR, BELGAVI, TQ & DIST: BELAGAVI, PIN: 590001. … PETITIONER (BY SRI. RAVI HEGDE, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., BELAGAVI DIVISION, DIST: BELAGAVI. … RESPONDENT (BY SMT. SUNITHA P.KALASOOR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WIT OR ODER QUASHING THE ENDORSEMENT DATED 09.06.2020 BEARING NO.VA.KA.RA.SA/ BE.VI./ SIBBANDI/ NEMAKA/ ANUKAMPA/ 8 /45 VIDE ANNEXURE-F AND THE ENDORSEMENT DATED 15.11.2018 BEARING NO.VA.KA.RA.SA/ BE.VI/ SIBBANDI/ NEMAKA/ ANUKAMPA/ 2379 VIDE ANNEXURE-E BOTH ARE ISSUED BY THE RESPONDENT. THIS PETITION, COMING ON FOR PRL. HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:1227 WP No. 147108 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking for the following prayer: “1) Issue writ of certiorari or any other writ or order quashing the endorsement dated 09.06.2020 bearing No.VA.KA.RA.SA./ BE.VI/ SIBBANDI/ NEMAKA/ ANUKAMPA/ 8/ 45 vide Annexure-F and the endorsement dated 15.11.2018 bearing No. VA.KA.RA.SA./ BE.VI/ SIBBANDI/ NEMAKA/ ANUKAMPA/ 2379 vide Annexure-E, both are issued by the respondent, and 2) Consequent upon quashing the endorsement aforesaid, issue necessary directions to the respondent to reconsider the case of the petitioner providing an employment to the suitable post as per his eligibility within time frame, and 3) Issue any other writ or order as this Hon’ble Court ay deem fit in the circumstances of the case including the cost in the ends of justice.” - 3 - NC: 2025:KHC-D:1227 WP No. 147108 of 2020 2. Heard the learned counsel Shri Ravi Hegde appearing for the petitioner and the learned counsel Smt. Sunitha P.Kalasoor appearing for the respondent. 3. The father of the petitioner was working as an Artisan in the respondent NWKRTC. He dies in harness on 17.12.2011. On the death of the father, the petitioner is said to have submitted a representation seeking appointment on compassionate ground within seven months after the death. An endorsement comes to be issued on 15.11.2018 and 09.06.2020 declining the request of the petitioner to consider his appointment on compassionate ground. 4. Learned counsel appearing for the petitioner submits that the petitioner had submitted a representation within time and the petitioner’s need for compassionate appointment still subsists. Therefore, without getting into the merit of the matter, I deem it appropriate to direct the respondent NWKRTC to reconsider the case of the petitioner - 4 - NC: 2025:KHC-D:1227 WP No. 147108 of 2020 for appointment on compassionate ground strictly in consonance with law. 5. In that light, and as a matter of form the impugned endorsement would stand quashed. Mandamus issues to the respondent to consider the case of the petitioner for appointment on compassionate ground strictly in consonance with law in terms of the prevalent scheme or the extant guidelines whatever it is. The consideration shall happen within three months from the date of receipt of a copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Vnp / CT: ASC List No.: 1 Sl No.: 111