- 1 - NC: 2025:KHC-D:5719 WP No. 105869 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105869 OF 2023 (S-RES) BETWEEN: SMT.MAHANANDA D/O NEELAPPA KOLI, AGED ABOUT 37 YEARS, OCC: NIL, R/O: GHATANATTI PLOT, RABAKAVI ROAD, MAHALINGPUR, TQ: MUDHOL, DIST: BAGALKOT-587 312. … PETITIONER (BY SRI.GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE KARNATAKA POWER TRANSMISSION COMPANY LIMITED (KPTCL), REPRESENTED BY ITS DIRECTOR (ADMIN AND HR), CORPORATE OFFICE, CAUVERY BHAVAN, BENGALURU-560 009. 2. THE HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED (HESCOM), REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, P.B. ROAD, NAVANAGAR, HUBBALLI-580 025, DIST: DHARWAD. 3. THE SUPERINTENDING ENGINEER (ELE), OPERATION AND MANAGEMENT CIRCLE, HESCOM, BAGALKOT, SECTOR NO.63, PLOT NO.110, NAVANAGAR, BAGALKOT-587 103. 4. THE EXECUTIVE ENGINEER (V), O AND M CIRCLE, HESCOM, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5719 WP No. 105869 of 2023 SECTOR NO.63, PLOT NO.110, NAVANAGAR, BAGALKOT-587 103. … RESPONDENTS (BY SRI. M.B. KANAVI, ADVOCATE FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Girish A.Yadawad., counsel for the petitioner and Sri.M.B.Kanavi., counsel for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: a) Issue a Writ of Certiorari to quash the Communication dated 09.08.2023 issued by respondent No.2 in ºÉZï.¹.N.-07/r-201/2017-18/4751-52 vide Annexure-E and the Endorsement dated 04.09.2023 issued by respondent No. 3 in PÀæªÀÄ ¸ÀASÉå: ©fPÉ/CD/(«)/G¯É¤/¸À¯É/»¸À-2/22-23/4362-4364 vide Annexure-F. b) Consequently, issue a writ of Mandamus directing the respondents to appoint the petitioner - 3 - NC: 2025:KHC-D:5719 WP No. 105869 of 2023 on compassionate grounds, in the interest of justice and equity. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the father of the petitioner was an employee of the Corporation. After his death, his son namely Shivanand Neelappa Koli was appointed on compassionate grounds. He died on 21.03.2009. The petitioner is the unmarried sister of the deceased and sought employment on compassionate grounds. It is significant to note that at the time of the death of brother of the petitioner, the rules prevailing in the Corporation did not permit the unmarried sister to seek appointment on compassionate grounds. However, there was a notification issued by the KPTCL on 08.10.2012 amending the regulations and including the unmarried sister who were wholly dependant upon him and were living with him. The applications which were submitted prior to 12.05.2011 were pending consideration. Taking note of the - 4 - NC: 2025:KHC-D:5719 WP No. 105869 of 2023 clarification issued by the Government, the KPTCL passed the order on 28.01.2019 approving the appointment of applicants where the Board employee appointed on compassionate grounds had died prior to 12.05.2011. 5. In the present case, the petitioner is seeking second appointment on the compassionate grounds on account of death of her brother. It is significant to note that Regulation 2 of 1997 regulation was amended in 2012 to include unmarried sister as a dependant. Though there is a reference to the notification and also to the order, the third respondent rejected the request of the petitioner. This is untenable. The third respondent has failed to have regard to the relevant considerations and disregarded relevant matters. Hence, the matter requires a remand. 6. The Writ of Certiorari is ordered. The Endorsement dated 04.09.2023 issued by the respondent No.3 in PÀæªÀÄ ¸ÀASÉå: ©fPÉ/CD/(«)/G¯É¤/¸À¯É/»¸À-2/22-23/4362-4364 vide Annexure-F. - 5 - NC: 2025:KHC-D:5719 WP No. 105869 of 2023 The third respondent is directed to look into the matter afresh and consider the request of the petitioner within six weeks from the receipt of the certified copy of this order. 7. Resultantly, the Writ petition is allowed. Because of disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP/CLK LIST NO.: 1 SL NO.: 36