- 1 - HC-KAR NC: 2025:KHC-D:16302 WP No. 106234 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106234 OF 2025 (S-RES) BETWEEN: SRI. SHIVAYOGI S/O. PUTTAPPA ACHIGERI, AGED 33 YEARS, OCC: UNEMPLOYED, R/O C/O NO. 6 AMBEDKAR NAGAR, CHANNAPAT ROAD, HUBBALLI, DIST: DHARWAD-580004. … PETITIONER (BY SRI. H. M. DHARIGOND, ADVOCATE) AND: 1. THE SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE, JEEVAN PRAKASH 100 FEET ROAD GOPALA GOWDA EXTENSION SHIMOGA, DISTRICT: SHIMOGA-577205. 2. THE BRANCH MANAGER (P AND IR) LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE, JEEVAN PRAKASH 100 FEET ROAD GOPALA GOWDA EXTENSION SHIMOGA DISTRICT: SHIMOGA-577205. … RESPONDENTS (BY SRI. NARAYAN V. YAJI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED LETTER DATED 10-03-2025 BEARING NO. P AND IR/2024-25 ISSUED BY THE SECOND RESPONDENT VIDE ANNEXURE-J. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16302 WP No. 106234 of 2025 B) A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATIONS DATED 24-2- 2022, 22-02-2025 AND 30-07-2025 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-C,H AND K AND APPOINT THE PETITIONER IN SUITABLE POST ON COMPASSIONATE GROUNDS IN THE DEPARTMENT OF THE RESPONDENTS CORPORATION. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A. A writ in the nature of certiorari to quash the impugned letter dated 10-03-2025 bearing No. P and IR/2024-25 issued by the second respondent vide ANNEXURE-J. B. A writ in the nature of mandamus directing the respondents to consider the applications dated 24- 2-2022, 22-02-2025 and 30-07-2025 submitted by the petitioner vide Annexure-C,H and K and appoint the petitioner in suitable post on compassionate grounds in the department of the respondents corporation. C. Any other writ or direction of this Hon’ble court is deems fit under the facts and circumstances of the case in the interest of justice and equity.” 2. Heard Shri H.M. Dharigond, learned counsel appearing for the petitioner and Shri Narayan V.Yaji, learned counsel appearing for the respondents. - 3 - HC-KAR NC: 2025:KHC-D:16302 WP No. 106234 of 2025 3. The petitioner is the son of one Puttappa. Puttappa was working as Branch Manager in the Life Insurance Corporation of India, (the LIC for short). He dies in harness on 20.05.2021. The petitioner then submits a representation seeking appointment on compassionate grounds on the score that he is entitled to under the extant rules. The representation did not merit consideration, on the score that there is a dispute between the first wife, or the alleged second wife with regard to distribution of the terminal benefits, and claim for appointment on compassionate grounds subsisted. 4. Learned counsel Shri H.M. Dharigond takes this Court through the documents appended to the petition to demonstrate that the right to compassionate appointment always rests with the family of the deceased and the family of the deceased, as found in the nominee register, is the petitioner and his mother. The petitioner is thus entitled to consideration for compassion appointment, is his submission. 5. Learned counsel Shri Narayan V.Yaji appearing for the respondent would refute the submission contending that there is a proceeding in P & SC No.3 of 2023, which is disposed - 4 - HC-KAR NC: 2025:KHC-D:16302 WP No. 106234 of 2025 on 03.01.2024 where there are rival claimants with regard to the terminal benefits or the compassionate appointment as the case would be. He would submit that the terminal benefits have already been distributed in terms of the P & SC No.3 of 2023. But the compassionate appointment is not considered on the score that no objections of all other persons is not produced. 6. I have given my anxious consideration to the submissions made by the learned counsel appearing for the parties and perused the material on record. 7. The issue now is whether the petitioner would be entitled to be considered for appointment on compassionate grounds or otherwise. The right of the petitioner is under the rules. The rules are as follows. “This is updated version of LIC Recruitment (of Class III and Class IV staff) Instructions, 1993 (With modifications incorporated till 31.03.2020) Please refer the relevant circulars for full and correct instructions. Provided that the time limit of one year may be extended in the cases specified below a) A widow may be allowed up to 5 years from the date of death of her husband to secure the - 5 - HC-KAR NC: 2025:KHC-D:16302 WP No. 106234 of 2025 prescribed qualification for appointment to Class III post in the Corporation b) A major son or unmarried daughter who satisfies the qualification for appointment to Class IV post, may be allowed up to two years from the date of death to secure prescribed qualification for a Class III post if he/she so desires, c) Up to one year from the date of attaining majority by the eldest surviving child where the spouse of the deceased employee is ineligible for compassionate appointment and all children are minor on the date of death of the employee. This will not apply when the spouse is gainfully employed. (vi) The mode recruitment as prescribed in para 6 supra need not be followed for appointments under Paragraph 21. (vii) All such appointments shall be subject to the existence of a sanctioned vacancy. (viii) There shall be no pre-recruitment written test for the posts of Assistant, Stenographer, Typist Telephone Operator and Record Clerk. However, for appointment to the posts of Stenographers, Typists, and Telephone Operators, the eligible candidates shall qualify in the trade test as prescribed. (ix) There shall be no application fee payable. (x) The relative of the employee, selected for the post of Assistant shall not be required to undergo training as prescribed. - 6 - HC-KAR NC: 2025:KHC-D:16302 WP No. 106234 of 2025 (xi) Subject to the relaxations as provided herein, the selection of the relative of the employee will be subject to his/her being found suitable for the post in the interview by the selecting committee and in the medical examination. All such appointments shall be at the minimum of the scale applicable to the post. On appointment he/she will be on probation as prescribe under the (Staff) Regulations and confirmation will be subject to the satisfactory work record. (xii) All appointments made subject to the relaxations herein shall be reported to the Zonal Office in a statement at the end of each financial year, who in turn shall send a consolidated statement to the Central Office. (xiii) The application form shall be as prescribed in Annexure-IX hereto.” 8. The rules are indicative of the fact that the appointment on compassionate grounds would be considered, of the major son, unmarried daughter, who satisfies the qualification of appointment. Unmarried daughter is not the issue in the case at hand. The major son is the petitioner. If the son is entitled to be considered for appointment on compassionate grounds, the respondent Corporation cannot now contend that he has to get the no objection from all and sundry, I mean the other members of the family, which allegedly is the second - 7 - HC-KAR NC: 2025:KHC-D:16302 WP No. 106234 of 2025 marriage of the deceased employee. In that light, the petition deserves to succeed. 9. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) The impugned letter dated 10.03.2025, issued by the second respondent vide Annexure-J stands quashed. (iii) A direction is issued to the respondent to consider the case of the petitioner strictly in consonance with the rules within an outer limit of 12 weeks from the date of receipt of the copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 31