- 1 - HC-KAR NC: 2025:KHC-D:12776 WP No. 106883 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 106883 OF 2023 (S-RES) BETWEEN: MISS FOUZIYA D/O. LATE BASHA @ BADASHA PADESUR, AGE: 19 YEARS, OCC. NIL, R/O. C/O. DAVALSAB RAJESHAB WARIKATTI, NOORANI GALLI, YALLAMMA GUDDA ROAD, SOUDATTI, TAL: SOUDATTI-591126, DIST: BELAGAVI. …PETITIONER (BY SRI. M.S.HARAVI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICES, GOKUL ROAD, HUBBALLI-580009, DIST: DHARWAD. 2. THE DIVISIONAL CONTROLLER NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, BELAGAVI DIVISION, BELAGAVI-590002. …RESPONDENTS (BY SRI. LINGARAJ MARADI, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO. VAKARASA/BEVI/SIBBANDI/ NEMAKA / 1702 / 2023-24 DATED 07 / 17-08 / 2023 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-F AND ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO APPOINT THE PETITIONER ON COMPASSIONATE GROUNDS TO THE POST SUITABLE TO HER QUALIFICATION IN THE RESPONDENT CORPORATION AND ETC. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12776 WP No. 106883 of 2023 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this writ petition, the petitioner seeks the following reliefs: “1. ISSUE writ, order or direction in the nature of Certiorari to quash ENDORSEMENT bearing No.VAKARASA / BEVI / SIBBANDI / NEΜΑΚΑ / 1702 / 2023-24 dated 07/17-08/2023 issued by the 2nd respondent as per ANNEXURE-F. 2. ISSUE writ, order or direction in the nature of Mandamus directing the respondents to appoint the petitioner on compassionate grounds to the post suitable to her qualification in the respondent Corporation. 3. PASS any appropriate order or directions as deems fit by this Hon'ble court under the facts and circumstances of the case by allowing this writ petition with cost.” 2. The petitioner is the daughter of one Basha @ Badasha Padesur, who expired on 16.12.2007 while working as a Driver-Cum-Conductor in the respondents/corporation. At the time of his demise, the petitioner was aged about 2 years and attained the age majority 03.06.2023. On 27.07.2023, the petitioner submitted an application to the respondents requesting them to provide her employment on compassionate grounds in - 3 - HC-KAR NC: 2025:KHC-D:12776 WP No. 106883 of 2023 terms of the provisions contained in the KSRTC (Appointment on Compassionate Grounds) Policy, 20181. By the impugned endorsement, the respondents rejected the request of the petitioner for appointment on compassionate grounds, on the ground that there was a delay of about 16 years in filing the application after the demise of father of the petitioner, who expired on 16.12.2007. Aggrieved by the impugned endorsement issued by the respondents, petitioner is before this Court by way of the present petition. 3. The respondents have filed a statement of objections and contested the petition. 4. Before adverting to the rival contentions, it would be necessary to refer to Rule-V of the aforesaid Rules, 2018 which reads as under: “V Application for appointment The deceased dependents who fulfill the eligibility specified in clauses II, III, IV of this policy shall, within a period of one year from the date of death of the employee, submit an application to the Head of the Department in 1 Herein after referred to as “the Rules, 2018” for short - 4 - HC-KAR NC: 2025:KHC-D:12776 WP No. 106883 of 2023 which the workplace where the deceased employee was serving falls under. In case the deceased employee was an officer/supervisory staff, the application shall state in which department he/she wishes to get employment. The deceased's dependents must apply within one year of the employee's death, failing which they will permanently lose their chance of getting a job. In case of death of an employee of the organization, if his minor dependents (below 18 years of age) seek employment, the minor dependents will be considered for appointment only against the vacancies available in the Corporation as per the rules in force suitable post depending on the educational qualifications they had when they attained the age of 18. In this regard, the deceased dependents will have to submit another application with the details of their educational qualifications within one year of attaining the age of 18. If the deceased dependents do not apply within the said one year period, they will permanently lose the opportunity of getting employment.” 5. A perusal of Rule-V of the Rules, 2018 makes it unmistakably clear that insofar as major heirs of a deceased employee of the respondents are concerned, they would necessarily have to file the application seeking appointment on compassionate grounds within a period of one year after the date - 5 - HC-KAR NC: 2025:KHC-D:12776 WP No. 106883 of 2023 of demise of the employee; however, the proviso to Rule-V will indicate that insofar as minors are concerned, an exception has been carved out and an additional period of one year has been granted from the date on which a minor legal heir of the deceased employee attains majority and a period of one year therefrom has been provided in favour of such person to make an application for appointment on compassionate grounds. 6. In the instant case, it is an undisputed fact borne out from the material on record that, the petitioner was minor aged about two years on 16.12.2007 and after attained majority, she filed her application dated 27.07.2023 within the prescribed period of one year from 03.06.2023 when she attained majority and her application was clearly within time in terms of proviso to Rule-V of the Rules, 2018 and consequently the respondents clearly fell in error in rejecting the application of the petitioner by issuing the impugned endorsement on the erroneous premise that there was a delay of 16 years in submitting the application without considering or appreciating the proviso to Rule-V of the said Rules, 2018, thereby warranting interference by this Court in the present petition. - 6 - HC-KAR NC: 2025:KHC-D:12776 WP No. 106883 of 2023 7. In the result, I pass the following: ORDER 1. The petition is hereby allowed. 2. The impugned endorsement dated 07/17.08.2023 issued by respondents at Annexure-F is hereby quashed. 3. The matter is remitted back to the concerned respondents for reconsideration of the application at Annexure-E dated 27.07.2023 submitted by the petitioner for appointment on compassionate grounds on merits and in accordance with the law and without reference to laches or delay or period of limitation, which stands concluded in favour of the petitioner under this order. 4. Concerned respondents shall reconsider the claim of the petitioner for appointment on compassionate grounds on merits as expeditiously as possible and at any rate within a period of 3 months from the date of receipt of a copy of this order. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM Ct:vh List No.: 1 Sl No.: 8