- 1 - HC-KAR NC: 2025:KHC-D:10693 WP No. 104865 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104865 OF 2024 (S-RES) BETWEEN: SRI. K. KALANDAR @ DADA KALANDAR, S/O. LATE K.AHAMAD SAB @ K.AHAMAD AGE. 34 YEARS, OCC. NIL, R/O.19TH WARD, KURUBARA ONI, NEAR MADIVALESHWARA TEMPLE, HOSAPETE POST AND TALUK, VIJAYANAGARA DISTRICT-583201. …PETITIONER (BY SRI. SATHISH M.S, ADVOCATE) AND: 1. THE CHIEF ADMINISTRATIVE OFFICER, HEALTH AND FAMILY WELFARE OFFICE, ANANDA RAO CIRCLE, GANDHINAGAR, BENGALURU-560009. 2. THE DIVISIONAL DEPUTY DIRECTOR HEALTH AND FAMILY WELFARE OFFICES, GULBARGA-585101. 3. THE DISTRICT HEALTH OFFICER DISTRICT HEALTH AND FAMILY WELFARE OFFICE, HOSAPETE POST AND TALUK, VIJAYANAGARA DISTRICT-583201. 4. THE CHIEF MEDICAL OFFICER GOVERNMENT HOSPITAL, KUDLIGI POST AND TALUK, VIJAYANAGARA DISTRICT-583201. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10693 WP No. 104865 of 2024 5. SMT. RAMEEZA BEE 2ND WIFE OF LATE K.AHAMAD SAB, AGED ABOUT YEARS, R/O.HOUSE NO.333, 14TH WARD, SMIORE COLONY, BEHIND APMC GOVT. SCHOOL, SANDUR POST AND TALUK, BALLARI DISTRICT-583119. 6. SRI. K.NISAR S/O. LATE K.AHAMAD SAB, AGE. 30 YEARS, OCC. WEIGH BRIDGE OPERATOR, AT JSW MINING COMPANY, R/O.HOUSE NO.333, 14TH WARD, SMIORE COLONY, BEHIND APMC GOVT. SCHOOL, SANDUR POST AND TALUK, BALLARI DISTRICT-583119. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R4; NOTICE TO R5 AND R6 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,A) ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF MANDAMUS BY DIRECTING THE RESPONDENTS 1 TO 4 TO CONSIDER THE APPLICATION OF PETITIONER FOR APPOINTMENT ON COMPASSIONATE GROUNDS AS WELL AS ADMISSIBLE DEATH BENEFITS AS PER HIS APPLICATION VIDE ANNEXURE-B DATED 18.10.2023 AND L DATED 20.04.2024 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10693 WP No. 104865 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. Notice to respondent Nos.5 and 6 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: a) Issue an order or direction or necessary writ of Mandamus by directing the respondents 1 to 4 to consider the application of petitioner for appointment on compassionate grounds as well as admissible heath benefits as per his application vide ANNEXURE-B dated 18.10.2023 and L dated 20.04.2024 in the interest of justice and equity. b) To grant such other relief/ relief’s as this Hon’ble court deems fit and proper in the facts and circumstance of this case in the interest of justice and equity. 4. Petitioner claims to be the son of K.Ahamad Sab alias K.Ahamad from his first wife. Respondent No.5 is stated to be his second wife. Respondent No.6 is stated to be son of Sri K.Ahamad Sab from respondent No.5. The said K.Ahamad Sab was - 4 - HC-KAR NC: 2025:KHC-D:10693 WP No. 104865 of 2024 working in the office of respondent No.4 – Government Hospital, Kudligi and expired in service on 13.10.2023. 5. In furtherance thereof, the petitioner made an application on 18.10.2023 for his appointment on a compassionate basis. Respondent No.6 is also stated to have made a similar application. The petitioner is before this Court contending that the applications for appointment on compassionate basis have not been considered and in that background the aforesaid reliefs are sought for. 6. Whenever any application for appointment on compassionate basis is submitted, the same will be considered and necessary orders passed as expeditiously as possible either accepting or rejecting the said application. If rejecting, necessarily the order would have to be accompanied by reasons. - 5 - HC-KAR NC: 2025:KHC-D:10693 WP No. 104865 of 2024 7. In the present case, though the petitioner contended that his application had been filed on 18.10.23 and an application from Respondent No.6 has also been filed, it appears that neither of the applications have been considered and orders have been passed. As such, I pass the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued directing the respondents No.1 to 4 to consider the applications pending for appointment on a compassionate basis, on account of the death of K.Ahamad Sab alias K.Ahamad, as expeditiously as possible, preferably within a period of 8 weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa, List No.: 1 Sl No.: 31