- 1 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 105427 OF 2025 (S-KAT) BETWEEN: RAHUL S/O LATE SHANKAR NAIK AGE. 28 YEARS, OCC. NIL, R/O. MAHANTESH NAGAR, DARGA COLONY, NEAR DARGA, MAIGUR ROAD, JAMAKHANDI, BAGALKOT 587101. …PETITIONER (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR PETITIONER) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, M.S. BUILDING, BANGALURU 560001. 2. THE CHIEF ENGINEER, COMMUNICATION AND BUILDING (NORTH), SIR. M. VISHWESHWARAIAH ROAD, D.C. COMPOUND, DHARWAD 580001. 3. THE SUPERINTENDENT ENGINEER, PUBLIC WORKS DEPARTMENT, BELAGAVI CIRCLE, BELAGAVI 590001. 4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, DIVISION OFFICE, BAGALKOTE, DIST. BAGALKOTE-587103. 5. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, JAMAKHANDI SUB- DIVISION, JAMAKHANDI, DIST. BAGALKOTE-587301. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR RESPONDENTS) Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 11/10/2023 IN APPLICATION NO.11094/2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BENCH AT BELAGAVI, VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed by the applicant before the Tribunal. The applicant before the Tribunal was the son of an employee. 2. The applicant’s father was working as an Assistant Engineer in Public Works Department and has expired while in service on 29.04.2021 leaving behind the applicant, his mother and one elder sister as legal heirs. The applicant had made an application for appointment on the compassionate grounds and upon rejection of the same, same came to be challenged before the Tribunal. By a detailed consideration, the Tribunal has taken note of the applicable rules relating to - 3 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 compassionate appointment and in particular Rule 4 which leads with conditions of appointment. After noticing that the mother of the applicant was serving as a Lecturer in Girls Government Pre-University College at Jamakhandi, the Tribunal had recorded a finding that the conditions under Rule 4 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 19961, were not complied with, and had dismissed the application. 3. The observations made by the Tribunal from para Nos.6 to 7 is extracted below; “6. On hearing the submissions made by the learned Counsels appearing for the respective parties, it is not in dispute that the applicant's father while in service expired on 29.4.2021. It is also not in dispute that the applicant has filed the application on 12.5.2021 and has sought for providing compassionate appointment, which was within one year from the date of death of the applicant's father. It is the contention of the applicant that his father before death has borrowed huge amounts towards medical expenses of his parents, who were suffering from neurological disorder and brain hemorrhage and 1 For short ‘Rules 1996’ - 4 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 the income derived from the salary of the deceased father as well as the applicant's mother was not sufficient to meet out the medical expenses as well as the debt incurred by the applicant's father, as such the family was under financial distress. But as rightly contended by the learned AGA, it’s only an oral statement and the applicant has not produced any document in support of the said contentions. The applicant admitted that even the mother's salary was also not sufficient to meet the medical expenses, but in the pleadings the applicant has not stated that his mother was a Government servant. The respondents by filing reply statement have stated that the mother of the applicant was serving as Professor in Girls Government Pre-University College at Jamkhandi and have also produced the salary particulars, which shows that the income of the family exceeds the minimum limit, as prescribed under the Rules, 1996. Rule 4 of the KCS (Appointment on Compassionate Grounds) Rules, 1996 prescribes the conditions for appointment on compassionate grounds. According to Sub-Rule (1) of Rule 4, the appointment on compassionate grounds shall be subject to the condition that the family of the deceased Government servant should be in a financial crisis or destitution. In that regard, we refer to Rule 4, which reads as under: "4. Conditions of appointment.- (i) on the basis of the last annual property return filed by the deceased Government servant and if, - 5 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 for any reason, it is not available, on the basis of a certificate of income issued by a Revenue Officer not below the rank of Tahsildar; and (ii) in case any member of the family of the deceased Government servant is employed in any State or Central Government service or a public or private sector undertaking or a private establishment, on the basis of a certificate issued by his employer and in case such member is self employed on the basis of certificate issued by a Revenue Officer not below the rank of Tahsildar." It is the specific case of the respondents that on taking into consideration the salary, which the mother was receiving exceeds the limit prescribed, hence the family was not under any financial crisis or destitution. Further according to sub-rule (1)(b)(ii) of Rule 4, if any of the member of the family of the deceased Government servant is employed then the other members will not be entitled to seek appointment on compassionate ground and admittedly, in the case on hand, the applicant's mother is serving as Professor in Girls Government Pre-University College at Jamkhandi. Hence, the applicant is not entitled to claim compassionate appointment. The 3rd respondent considering that the mother of the applicant is a Government servant and the income of the family was exceeding the prescribed limit has rightly returned the proposal to the 5th respondent informing that under rules, the applicant is not eligible to claim - 6 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 compassionate appointment. The 5th respondent in turn by the impugned communication has returned the application. The ground on which the applicant claimed compassionate appointment is that the grandparents suffered from neurological disorder and brain hemorrhage and the income of the applicant's parents was not sufficient to meet out the medical expenses and his father before death incurred huge debt. Due to the sudden death of his father, the family was under financial distress. But except the oral statement, no supporting documents are produced to substantiate the said contentions. In the absence of producing documents in support of the claim made, mere oral statements will not support the applicant's case. The applicant is admittedly a M.Tech holder and he should have been aware of the provisions before filing the application. The applicant cannot seek for providing compassionate appointment as a matter of right. In this regard Rule 3 of 1996 Rules clearly states that "appointment on compassionate grounds shall not be claimed as a matter of right". Hence, no purpose will be served in remanding the matter to the respondents, as contended by the learned Counsel for the applicant. 7. In view of discussions made above, we are of the considered opinion that there is no merit in the application and accordingly, it is dismissed.” - 7 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 4. It is not in dispute that the applicant’s mother was working as a Lecturer in Girls Government Pre-University College at Jamakhandi. As rightly observed by the Tribunal, the conditions of appointment included 2 components under Rule 4(1)(a and b) of the Rules 1996. Rule 4(1) of the Rules 1996 reads as hereunder; “4. Conditions of appointment. Appointment on compassionate grounds under these rules shall be subject to the following conditions, namely. (1) The finally of the deceased Government servant should be in a financial crisis or destitution. Explanation. (a) Family of a deceased Government servant shall be considered to be in financial crisis or destitution if the recurring monthly income of the family from all sources is less than the total emoluments including Dearness Allowance, House Rent Allowance and City Compensatory Allowance admissible at Bangalore on the average of the minimum and the maximum of the scale of pay of the post of First Division Assistant, as on the date of making application for compassionate appointment. For calculating such monthly income, the income from family pension, lumpsum pensionary benefits and interest earned thereon shall be excluded. - 8 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 (b) Recurring monthly income from all sources other than family pension, lumpsum pensionary benefits and the interest earned thereon, of the family for the purpose of this rule shall be computed by the Head of the Office or the Head of the Department or the Appointing Authority.- (i) on the basis of the last annual property return filed by the deceased Government servant and if, for any reason, it is not available, on the basis of a certificate of income issued by a Revenue Officer not below the rank of Tahsildar; and (ii) in case any member of the family of the deceased Government servant is employed in any State or Central Government service or a public or private sector undertaking or a private establishment, on the basis of a certificate issued by his employer and in case such member is self employed on the basis of certificate issued by a Revenue Officer not below the rank of Tahsildar.” 5. In light of the admitted facts and also the income as per the formula calculated, which is a condition of eligibility, we find both the conditions under Rule 4(1)(b) (i & ii) of the Rules 1996 not having been fulfilled would make the applicant ineligible and accordingly, we find no reason to interfere with the order of the Tribunal. The contention that - 9 - HC-KAR NC: 2025:KHC-D:11419-DB WP No. 105427 of 2025 the applicant’s grand-parents were suffering from neurological disorders is totally irrelevant for consideration. In light of the express stipulations of conditions under Rule 4(1)(b)(i & ii) of the Rules 1996, which have to be complied with strictly only in which case eligibility would be established, we find no reason to interfere with the order of the Tribunal. 6. In light of the above, the petition stands disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 12