- 1 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 19680 OF 2025 (S-RES) BETWEEN: MR. YOUNES S/O. MR. DADAPEER AND LATE MYMUNNISA, AGED ABOUT 20 YEARS, R/AT BELAGURU VILLAGE, SRIRAMPURA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 597 …PETITIONER (BY SRI. A.M. MAHESHWARAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 2. THE DIRECTOR, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BANGALORE-560 023. 3. THE DISTRICT HEALTH AND FAMILY, FAMILY WELFARE OFFICER, (DHO), CHITRADURGA DISTRICT, CHITRADURGA - 577 501. 4. THE CHIEF MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, GOVERNMENT HOSPITAL, BELAGURU, SRIRAMPURA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 597. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO (A) DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF PETITIONER DATED 02.12.2023 AND 05-09-2024 PRODUCED AT ANNEXURE-F AND L RESPECTIVELY TO THE WRIT PETITION. (B) DIRECT THE RESPONDENTS TO PROVIDE THE APPOINTMENT TO THE PETITIONER ON COMPASSIONATE - 3 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 GROUNDS WITHIN A STIPULATE PERIOD OF THREE MONTHS AND ALSO DIRECT THE RESPONDENTS TO DISBURSE THE DEATH BENEFITS OF LATE MYMUNNISA IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this writ petition seeking for a mandamus directing the respondents to consider the representations of the petitioner dated 02.12.2023 and 05.09.2024 vide Annexures 'F' and 'L' respectively and also direct the respondents to provide the appointment to the petitioner on compassionate grounds within a stipulated period of three months and direct the respondent to disburse the death benefits of Mymunnisa in favour of the petitioner. 2. Brief facts leading rise to the filing of this petition are as follows: - 4 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 3. One Mymunnisa, daughter of late Imam Sab, was working in the Health Department at respondent No.4 Hospital. She was a spinster; while in service, she adopted the petitioner as her son as per the law under a registered Adoption Deed dated 24.12.2022 and she also executed a registered Will dated 31.12.2022 in favour of the petitioner and declared that the petitioner is the only successor of the deceased. Mymunnisa passed away on 03.06.2023. After her demise, the petitioner submitted a representation on 02.12.2023 to respondent No.4 requesting to consider his name for appointment on compassionate grounds. 4. The Tahasildar, Hosadurga Taluk issued a certificate stating that the petitioner is the successor of the deceased Mymunnisa. Respondent No.3 again on 24.06.2024 submitted the proposal to respondent No.2 for taking necessary action with the entire documents as required by them. - 5 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 5. Respondent No.2 authority issued an endorsement stating that the petitioner is not entitled for financial benefits of deceased Mymunnisa. The petitioner again submitted a representation to respondent No.4 on 05.09.2024 to consider his case for appointment on compassionate ground. 6. It is stated that despite the representation submitted by the petitioner, respondent Nos.3 and 4 have not considered the representations submitted by the petitioner. Hence, on these grounds, the petitioner filed the present writ petition. 7. Heard the learned counsel for the petitioner and the Additional Government Advocate for the respondents. 8. Learned counsel for the petitioner submits that the deceased Mymunnisa had adopted the petitioner and the petitioner is the adopted son of deceased Mymunnisa and she also executed a registered Will stating that the petitioner is her sole successor. After - 6 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 the demise of Mymunnisa, the petitioner submitted an application for appointment on compassionate ground. The respondents have not passed any order on the said application/representation vide Annexures 'F' and 'L'. Hence, he prays to allow the writ petition. 9. Per contra, learned Additional Government Advocate, submits that if reasonable time is granted to the respondents, the respondents would consider Annexures 'F' and 'L', in accordance with law and pass appropriate order. 10. Perused the records and considered the submissions of the learned counsel for the parties. 11. The petitioner contended that he is the adopted son of late Mymunnisa and produced the Adoption Deed vide Annexure 'C' and also Mymunnisa executed a registered Will in favour of the petitioner vide Annexure 'D' stating that after the demise of Mymunnisa, the petitioner is her sole heir. - 7 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 Mymunnisa died leaving behind the petitioner. After the demise of Mymunnisa, the petitioner submitted representations to the respondents dated 02.12.2023 and 05.09.2024 vide Annexures 'F' and 'L and no orders have been passed on the said representations. 12. Learned Additional Government Advocate submits that if a reasonable time is granted to the respondents, the respondents would consider the representations vide Annexures 'F' and 'L' and then pass an appropriate order. 13. In view of the submissions made by the learned Additional Government Advocate, it is the duty of the Authority to consider the representations and pass appropriate order. Admittedly, in the instant case, no orders have been passed on Annexures 'F' and 'L'. 14. In view of the above discussion, the writ petition is allowed in part. The respondents are directed to consider the representations dated 02.12.2023 and - 8 - HC-KAR NC: 2025:KHC:39638 WP No. 19680 of 2025 05.09.2024 and pass an appropriate order in accordance with law within eight weeks from the date of receipt of a copy of this order. All contentions of the parties are kept open. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 14