Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 18413 OF 2025 (S-RES)
BETWEEN:
SRI NANJUNDA S/O MARIYAPPA @ VENKESHAPPA AGED ABOUT 39 YEARS R/AT. OLD NO.93, NEW NO.7086/159 RBI COLONY PAPANNA BLOCK GANGANAGAR R.T NAGAR BENGLURU-560032 …PETITIONER
(BY SRI. PRASANNA D.P., ADVOCATE)
AND:
1.
THE ADMINISTRATIVE OFFICER AGRICULTURE UNIVERSITY
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
ADMINISTRATIVE OFFICER BANGALORE-560065.
2.
EXTENTIVE DIRECTORE UNIVERSITY OF AGRICULTURE HEBBALA, BANGALORE-560065
3.
THE ORGANIZER BEKARY TRAINING CENTER UNIVERSITY OF AGRICULTURE, HEBBALA BANGLORE-560065 …RESPONDENTS (BY SRI. SACHIN B S., ADVOCATE)
THIS WP IS FILED PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 03.04.2024 AS PER ANNX-L EXPEDITIOUSLY AS POSSIBLE WITHIN 4 MONTHS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
ORAL ORDER
The petitioner filed this writ petition seeking a mandamus directing respondent No.1 to consider the representation of the petitioner dated 03.04.2024 vide Annexure-L.
2.
Brief facts leading rise to the filing of this petition are as follows: 2.1 The mother of the petitioner Smt. V.Gowramma worked as a Group-D employee in the office of respondent No.3. She died during the course of her employment. The petitioner, being the legal heir of the deceased V.Gowramma, submitted a representation on 01.08.2018 seeking an appointment on compassionate ground. Respondent No.1 directed the petitioner to furnish the documents. The petitioner submitted the documents. The petitioner was issued with an endorsement vide Annexure-H dated 11.08.2022, wherein the respondents
directed the petitioner to obtain a declaration from the
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
competent Civil Court to the effect that he is the son of Mariyappa, who is the husband of V.Gowrama, who was an employee in UAS, Bengaluru, and for a direction to the University to grant the relief for which he has to file a suit making the University as a party. Pursuant to the endorsement issued by the respondent, the petitioner filed a suit in OS No.5806/2022 on the file of VII Addl. City Civil and Sessions Judge, Bengaluru, making the respondent- University as a party as defendant No.3. The said suit was dismissed vide
judgment dated
21.07.2023. The petitioner, being aggrieved by the judgment and decree passed in OS No.5806/2022, preferred an appeal in RFA No.1761/2023 before this Court. This Court, vide
judgment dated 19.12.2023, allowed the appeal and set aside the
judgment and decree passed in OS No.5806/2022 and consequently decreed the suit of the plaintiff as prayed for and declared the place of birth of the plaintiff as Papanna Block, RBI Colony, Ganganagar, Bengaluru - 560 032 and directed the defendant No.1
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
therein to make necessary corrections to that effect in the admission register and declared that the plaintiff is the son of Mariyappa, who is the husband of V.Gowramma, who was the employee under defendant No.2 and also declared the name of the husband of Gowramma i.e., the mother of plaintiff as Mariyappa in place of Venkateshappa and
directed defendant No.3 to consider the representation of the plaintiff i.e., the petitioner herein as directed by this Court in WP No.9984/2019 disposed of on 19.03.2019. Pursuant to the judgment passed in the appeal, the petitioner has submitted a representation vide Annexures- K and produced the copy of the order passed in WP No.9984/2019 and the
judgment passed in RFA No.1761/2023, and also submitted one more representation vide Annexure-L. The respondents did not consider Annexures-K and L. Hence, this petition.
3. Heard the arguments of learned counsel for the petitioner, and the respondents.
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
4. The learned counsel for the petitioner submits that, the mother of the petitioner worked in respondents- University. She died during the course of her employment. The petitioner, being the son of her mother, submitted a representation to respondent No.2 to appoint him on compassionate ground. He submits that, respondent No.2 had issued an endorsement vide Annexure-H dated 11.08.2022, wherein respondent No.2
directed the petitioner to get a decree from the competent Court. Pursuant to the direction issued by the respondent No.2, the petitioner filed a suit in OS No.5806/2022. The said suit was dismissed and the appeal was filed. He submits that, the appeal in RFA No.1761/2023 came to be allowed vide judgment dated 19.12.2023 and declared that the plaintiff i.e., the petitioner is the son of Mariyappa and V.Gowramma, and also directed the University to consider the representation of the petitioner in terms of the order passed by this Court in WP No.9984/2019 disposed of on
19.03.2019. After the disposal of the first appeal, the
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
petitioner submitted a representation enclosing the copies of the orders passed in the WP No.9984/2019 and the
judgment and decree passed in RFA No.1761/2023. Respondent No.2 did not pass any order on the representations submitted by the petitioner vide Annexures-K and L. Hence, on these grounds, prays to allow the petition and issue a direction to respondent No.2 to consider the representations vide Annexures-K and L.
5. Per contra, the
learned counsel for the respondents submits that, if reasonable time is granted, respondent No.2 would consider the representations vide Annexures-K and L, and pass an appropriate order in accordance with law.
6. Perused the records, and considered the
submissions of the learned counsel for the parties.
7. It is undisputed that, the mother of the petitioner worked in the respondents-University and she died during the course of employment leaving behind the
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
petitioner, and her husband as her legal heirs. After her demise, the petitioner submitted a representation to the respondents to consider his case for the appointment on a compassionate ground. The respondents issued an endorsement vide Annexure-H on 11.08.2022, wherein the respondents-University have directed the petitioner to get a decree from the competent Civil Court declaring that he is the son of deceased V.Gowramma and Mariyappa. Pursuant to the endorsement issued by the respondents- University, the petitioner filed a suit for declaration to declare that he is the son of Gowramma and Mariyappa in OS No.5806/2022 on the file of VII Additional City Civil and Sessions Judge, Bengaluru. The Trial Court dismissed the suit vide judgment dated 21.07.2023. The petitioner, aggrieved by the dismissal of suit in OS No.5806/2022, preferred an appeal in RFA No.1761/2023. This Court, vide
judgment dated 19.12.2023, allowed the appeal, and set aside the
judgment and decree passed in OS No.5806/2022, and consequently decreed the suit of
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
the plaintiff/petitioner herein as prayed for. The petitioner has been declared as the son of Sri. Mariyappa, who is the husband of Smt. Gowramma, who was an employee under respondent No.2 and also declared that the name of the husband of Gowramma i.e., the mother of the plaintiff as Mariyappa in place of Venkateshappa and directed respondent No.2-University to consider the representation of the plaintiff as directed by this Court in WP No.9984/2019 on 19.03.2019, wherein this Court directed the respondents-University to consider the representation after getting the information corrected, within a period of 2 months from the date of receipt of such representation. In view of the decree passed in OS No.5806/2022, the petitioner has been declared as the son of Smt. V.Gowramma. In view of the same, the petitioner is entitled to the appointment on compassionate ground. The petitioner has submitted representations vide Annexures-K and L. The respondents have not passed any orders on the said representations. In view of the judgment passed in
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HC-KAR NC: 2025:KHC:41568 WP No. 18413 of 2025
RFA No.1761/2023 and the
order passed in WP No.9984/2019, the respondents are required to re-consider Annexure-K and L.
8. In view of the above discussion, I proceed to pass the following:
ORDER i. The writ petition is allowed; ii. The respondents-University are directed to consider the representations vide Annexures-K and L, and pass appropriate order in accordance with law, within 4 weeks from the date of receipt of a copy of this order.
Sd/- (ASHOK S.KINAGI) JUDGE
PA CT:KHV List No.: 1 Sl No.: 51