SMT ROHINI ALIAS W/O SADASHIV WADDAR ALIAS GADIWADDAR v. THE STATE OF KARNATAKA
WP/103203/2023 · 2025-11-05
Geetha K B, S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60425 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60425 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:15086-DB WP No. 103203 of 2023
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
WRIT PETITION NO. 103203 OF 2023 (S-KAT)
BETWEEN:
SMT. ROHINI @ LAXMI WD/O. SADASHIV WADDAR @ GADIWADDAR AGE. 39 YEARS, OCC. HOUSEHOLD WORK, R/O. AT POST MADAHALLI, TQ. HUKKERI, DIST. BELAGAVI-591309 …PETITIONER (BY SRI. PRATIK SHIPURKAR S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE SUPERINTENDENT OF POLICE SUPERINTENDENT OF POLICE OFFICE BELGAUM POLICE QUARTERS, SHIVAJI NAGAR, BELAGAUM, KARNATAKA-590016. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE)
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:15086-DB WP No. 103203 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED
ORDER DATED 18.07.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.11105/2021 PRODUCED AT ANNEXURE-B.
ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED REPLY LETTER BEARING NO.323084/28/06/2014 DATED 04.12.2020 PASSED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-12 AND ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE APPLICATION OF THE PETITIONER SEEKING COMPASSIONATE APPOINTMENT IN EVENT OF THE DEATH OF HER HUSBAND LATE SHRI SADASHIV MARUTI WADDAR @ GADIWADDAR ON 09.04.2014.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
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HC-KAR NC: 2025:KHC-D:15086-DB WP No. 103203 of 2023
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
1. On 28.10.2025 there was no representation for the petitioner. To provide one more opportunity, the matter was
directed to be listed today. 2. Today also there is no representation for the petitioner. 3. Heard Sri G.K. Hiregoudar, learned Principal Government Advocate for respondent. Perused the entire writ petition papers. 4. A perusal of the writ petition papers would suggest that the husband of the petitioner who was working as Police Constable in the second respondent, died while in service on 09.04.2014. It is stated that the petitioner submitted an application requesting for compassionate appointment on 22.12.2015. The said application was rejected under endorsement dated 04.12.2020 (Annexure- A12) on the ground that the application submitted for
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HC-KAR NC: 2025:KHC-D:15086-DB WP No. 103203 of 2023
compassionate appointment is beyond the time prescribed under the Karnataka Civil Services (Appointment on Compassionate Appointment Grounds) Rules, 1996 (for short ‘the 1996 Rules’). Challenging the said endorsement, the petitioner was before the Tribunal. The Tribunal under impugned order, rejected the application of the petitioner, whereunder, he had questioned the endorsement rejecting his request for compassionate appointment and had sought for a writ of mandamus to consider a case for compassionate appointment. Hence, this writ Petition. 5. It is an undisputed fact that the husband of the petitioner died while in service on 09.04.2014. In terms of Rule 5 of the 1996 Rules, the petitioner ought to have filed the application seeking compassionate appointment within one year from the date of death of her husband. Admittedly, the application of the petitioner seeking compassionate appointment is beyond one year i.e. one year eight months from the date of death of her husband. - 5 -
HC-KAR NC: 2025:KHC-D:15086-DB WP No. 103203 of 2023
Since the application by the petitioner is beyond the time prescribed under Rule 5 of the 1996 Rules, the Tribunal is justified in rejecting the application of the petitioner. 6. A reading of the order passed by the Tribunal would also indicate that there was a civil suit in OS No.179/2014 pending between the petitioner and others wherein the petitioner had sought for declaration as legal heir of the deceased. 7. The purpose and object of providing compassionate appointment is to provide financial assistance to the legal representatives of the deceased government servant, i.e. bread earner. The said compassion would not continue for years together. In the above circumstances, we do not find any error or illegality in the order passed by the Tribunal.
Accordingly, there is no merit in the petition and it stands rejected. - 6 -
HC-KAR NC: 2025:KHC-D:15086-DB WP No. 103203 of 2023
8. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
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