- 1 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27953 OF 2023 (S-RES) BETWEEN: 1. SHRI. MAHADEVASWAMY K S/O LATE KRISHNAPPA AGED ABOUT 35 YEARS R/AT NO.4219/2, 6TH CROSS GANDHINAGAR, MYSORE MYSORE DISTRICT 570008. 2. SMT SHYAMALA S/O LATE SRINIVAS AGED ABOUT 42 YEARS R/AT NO.618, KRISHNA RAIL MILL ROAD K R MOHALLA, MYSORE 570008. 3. SMT N MANJULA W/O RAVI AGED ABOUT 44 YEARS R/AT NO.1629/2 CH 12 7TH CROSS ASHOKPURAM MYSORE 570008. 4. SMT M S DARSHINI D/O LATE SHIVANNA AGED ABOUT 30 YEARS R/AT NO.56, 2ND CROSS VISHVESHWARA COLONY VISHVESHWARA NAGAR, MYSORE. 5. SHRI S MALLIKARJUNA S/O LATE M B MANJULA AGED ABOUT 36 YEARS R/AT NO.58/A, 2ND CROSS NYACHANAHALLI PALYA MYSORE 570008. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 6. SHRI. SHIVANAGARAJU S/O SHIVAMMA AGED ABOUT 44 YEARS R/AT GSF COLONY AT POST T NARSIPURA MYSORE DISTRICT - 570008. 7. SHRI S MANU S/O SHIVANNA M AGED ABOUT 35 YEARS R/AT NO KEMPANAPURA HOSUR MANUGANA HALLI POST BILIKERE HOBLI, MYSORE. 8. SHRI G GANESH S/O LATE GOPAL G AGED ABOUT 39 YEARS NO 2676, 2ND CROSS MEDARKODI KR MOHALLA MYSORE – 570008. 9. SHRI RAJANIKANTH AGED ABOUT 45 YEARS R/AT NO 960 CH 85 S/O LATE NINGAYYA 9TH CROSS, CH 85, 9TH CROSS ASHOKPURAM, MYSORE - 570008. 10. SHRI R SRINIVASA S/O LATE RAVINDRA AGED ABOUT 30 YEARS R/AT NO 897/B, 10TH CROSS MAHADEVPURA MYSORE - 576008. 11. SRI M HARSHA S/O LATE G MAHADEVAIAH AGED ABOUT 40 YEARS R/AT NO 1029 LIG 1ST BLOCK 11TH CROSS, 5TH MAIN 6TH PHASE, SHARADADEVI NAGAR MYSORE - 570022. - 3 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 12. SRI V KRISHNAPURTHY AGED ABOUT 35 YEARS S/O LATE VENKATARAMANAYYA R/AT NO 1629/1, CH 12, 7TH CROSS ASHOKPURAM, MYSORE - 570008. 13. SRI BASAVARAJAIAH S/O LATE SOMARAJU AGED ABOUT 40 YEARS R/AT NO 26, HIG 2 GROUP 3 KHB COLONY, HOCHAGALLI MYSORE - 570002. 14. SMT M PRIYA AGED ABOUT 30 YEARS D/O LATE NAGAMMA R/AT 4, 1ST MAIN, 2ND CROSS B M SHRINAGAR MYSORE - 570007. 15. SRI L SHANKAR S/O LATE K LINGAIAH AGED ABOUT 40 YEARS R/AT NO 1816, 9TH CROSS ASHOKPURAM MYSORE - 570008. 16. SRI S NAGESH S/O LATE J SIDDAIAH AGED ABOUT 29 YEARS R/ATNO 1954, 12TH CROSS ASHOKPURAM MYSORE – 570008. 17. SRI B KANTHKUMAR S/O LATE BANASHANKARAIAH AGED ABOUT 37 YEARS R/AT NO 564, R S NAIDU NAGAR NEAR BUS STOP 2ND STAGE KESARE MYSORE – 570002. 18. SRI CHANDRASHEKHAR S/O LATE RAMANNA AGED ABOUT 38 YEARS R/AT NO 1904, 2ND MAIN - 4 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 13TH CROSS, ASHOKPURAM MYSORE - 570008. …PETITIONERS (BY SRI. VIJAYA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA, BANGALORE 560001. 2. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY HORTICULTURE AND SILK DEVELOPMENT VIKAS SOUDHA, BANGALORE 560001. 3. THE STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF PUBLIC ENTERPRISES 7TH FLOOR, MS BUILDING BANGALORE 560001. 4. THE KARNATAKA SILK INDUSTRIES CORPORATION REP BY ITS MANAGING DIRECTOR 3RD AND 4TH FLOOR UTILITY BUILDING MG ROAD, BANGALORE 560001. 5. THE GENERAL MANAGER KARNATAKA SILK INDUSTRIES CORPORATION SILK WEAVING FACTORY MANADAWADI ROAD MYSORE 570008. 6. THE GENERAL MANAGER KARNATAKA SILK INDUSTRIES CORPORATION SILK WEAVING FACTORY T NARASIPURA, MYSORE DISTRICT. …RESPONDENTS (BY SRI. VIKAS R, AGA FOR R1 TO R3: SRI T P MUTHANNA, ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDERS BEARING NO. - 5 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 KSIC/PER/MA AND E/RE AA SAM/11153/2022/2023-24 / 366 DATED 28/06/2023 ISSUED TO THE PETITIONERS BY THE R4 (VIDE ANNEXURE-V AND V17 SERIES) AND AFTER PERUSAL SET ASIDE THE SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs: “(i) To call for records relating to issue of the impugned orders bearing No. KSIC/PER/Ma & E/Re Aa Sam/11153/2022/2023-24/366 dated 28.06.2023 issued to the petitioners by the 4th respondent (vide Annexure V to V17 series) and after perusal set aside the same. (ii) To issue a writ of certiorari or an order or a direction and quash the impugned order bearing No.Tho.E.59.R3.Wu.Ni 2016 dated 26.07.2017 of the 2nd respondent vide Annexure-F, of the 2nd respondent, and the impugned Circular bearing No.KSIC/OER/ECG/2017-28/779 dated 19.08.2017 issued by the 3rd respondent vide Annexure-G, of the 4th respondent, in so far as it relates to non consideration of pending applications for appointment on compassionate grounds. - 6 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 (iii) And to direct the 4th respondent to amend the Rules by including the clause 9 as “Transitional Provision” with regard to pending applications seeking appointment on compassionate grounds which are submitted before the framing of the Rules 2016 and consider the pending applications seeking appointment on compassionate grounds. (iv) To direct the respondents 4 and 5 to consider the applications of the petitioners seeking appointment on compassionate grounds vide Annexure-H to H8 series and appoint them to any of the Group-C or D post considering the qualification possessed by them as on the date of the applications.” 2. The petitioners claim to be the legal representatives of the deceased employees of the respondent – Karnataka Silk Industries Corporation (for short, “the Corporation”). They submitted applications (Annexure–H series) seeking appointment on compassionate grounds. However, by the impugned endorsements dated 28.06.2023 (Annexure–V series), their applications were rejected on the ground that, as on - 7 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 the date of filing, there were no Rules governing compassionate appointments. Aggrieved by the said endorsements, the petitioners are before this Court. 3. Learned counsel for the petitioners submitted that the Karnataka Silk Industries Corporation (Appointment on Compassionate Grounds) Rules/ Regulations, 2016 (“Regulations–2016”) were framed in 2016 (Annexure–E). Under Rule 2, it is specifically provided that all applications pending as on the date the Regulations came into force shall be considered in accordance with Government directions. Despite such Government directions, the Corporation issued the impugned endorsements contrary to the Regulations. Therefore, he prayed that the writ petition be allowed. 4. Per contra, Sri T.P. Muthanna, learned counsel appearing for the Corporation, contended as follows: (i) The Regulations were framed in 2016. The applications of the petitioners, who are dependents of - 8 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 deceased employees, were filed before the Regulations came into force. Since no Rules or Regulations existed either on the date of death of the employees or on the date of application, their request for compassionate appointment cannot be considered. As per the Government directions dated 26.04.2022 (Annexure–R), the applications were considered and rejected. (ii) Secondly, as the Corporation is under severe financial constraints, the petitioners’ cases cannot be considered for compassionate appointments. 5. Learned AGA appearing for the State submitted as follows: (i) Proviso to Rule 2 of the Regulations–2016 carves out an exception to the main Rule, permitting consideration of all applications that were pending as on the date the Regulations came into force, in terms of Government directions. - 9 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 (ii) Pursuant to directions of this Court, the Under Secretary to Government, Department of Horticulture and Sericulture, has filed an affidavit stating that the Corporation can consider the petitioners’ applications for compassionate appointment. Hence, he sought dismissal of the writ petition. 6. Heard learned counsel for the parties and perused the petition papers. 7. The fourth respondent – Karnataka Silk Industries Corporation was established on 10.04.1980 as a State Government Undertaking registered under the Companies Act. The petitioners, being legal representatives of deceased employees, filed applications for compassionate appointment (Annexure–H series). Meanwhile, the Corporation, having been declared a sick unit, was referred to BIFR due to financial constraints. 8. Until 2016, there were no Rules governing compassionate appointments in the Corporation. The - 10 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 Regulations came into force in 2016. Rule 2 contains an exception, which reads as follows: “These Rules may be called the Karnataka Silk Industries Corporation (Appointment on Compassionate Grounds) Rules/Regulations–2016. These Rules shall come into force after their approval by the Board and the State Government on such date as may be notified by the Corporation in this regard. However, the pending applications of dependents of deceased employees (who died while in service) shall be considered based on the directions received from the Government.” 9. A plain reading of the above provision makes it clear that pending applications of dependents of deceased employees must be considered in accordance with Government directions. Although no such Rules existed prior to 2016, Rule 2 permits consideration of pending applications based on Government directions. 10. The Corporation, however, rejected the petitioners’ applications on the ground that the Regulations came into effect on 19.08.2017. It is the - 11 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 Corporation’s case that the Government Order dated 26.04.2022 merely directed consideration of the applications, and upon such consideration, the applications were rejected. 11. Subsequently, the State filed an affidavit of the Under Secretary, Department of Horticulture and Sericulture, dated 23.09.2025, clarifying the position. The relevant paragraph is extracted below: “3. I submit that this affidavit is being filed pursuant to the order of this Hon’ble Court dated 19.08.2025, to clarify whether any directions were issued by the State Government in connection with pending applications for compassionate appointment of dependents of deceased employees of the Karnataka Silk Industries Corporation (KSIC), as required under Rule 2 of the Regulations–2016.” 12. After obtaining the opinion of the Department of Public Enterprises vide Note No. Sa U Ni.51 ARU 2021, dated 11.01.2022, the Principal Secretary of the Horticulture and Sericulture Department addressed a letter - 12 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 dated 26.04.2022 (Annexure–R) to the Managing Director, KSIC, stating that since the dependents of the deceased employees have been working on contract basis in KSIC, pending consideration of their applications for compassionate appointment, it would be improper from a humanitarian point of view not to consider their cases. Therefore, it was directed that their cases be placed before the Board of Directors for consideration. 13. In view of the aforesaid direction, the Board of Directors is required to consider the applications of such dependents in accordance with the Regulations. 14. Thus, in light of Rule 2 and the clarification issued by the Government, it is evident that the Corporation is bound to consider the petitioners’ applications for compassionate appointment. 15. Accordingly, the following order is passed: (i) The writ petition is disposed of. - 13 - HC-KAR NC: 2025:KHC:38351 WP No. 27953 of 2023 (ii) The impugned endorsements dated 28.06.2023 (Annexure–V series) are quashed. (iii) The respondent–Corporation is directed to consider the petitioners’ applications for compassionate appointment, taking into account: • the affidavit filed by the Under Secretary, Department of Horticulture and Sericulture, and • Rule 2 of the Regulations–2016, as expeditiously as possible, and in any event, within three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53