- 1 - HC-KAR NC: 2025:KHC-D:11018 WP No. 84171 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 84171 OF 2013 (S-RES) BETWEEN: SHOBHA W/O. LATE TAKAPPA GABBUR AGED ABOUT 41 YEARS, R/O. C/O. NIJALING S. DODDAMANI, MANKILLA, SAMAGAR ONI, DHARWAD-580001. …PETITIONER (BY SRI. ARAVIND D.KULKARNI, ADVOCATE) AND: 1. THE CHAIRMAN AND MANAGING DIRECTOR VIJAYA BANK, HEAD OFFICE, NO. 41/2, M.G ROAD, BANGALORE-01. 2. GENERAL MANAGER VIJAYA BANK H.O., PERSONAL DEPARTMENT (HRD), 41/2, M G ROAD, BANGALORE-560001. 3. DEPUTY GENERAL MANAGER VIJAYA BANK H.O., PERSONAL DEPARTMENT (HRD), 41/2, M G ROAD, BANGALORE-560001. 4. ASSISTANT GENERAL MANAGER VIJAYA BANK H.O., PERSONAL DEPARTMENT (HRD), 41/2, M G ROAD, BANGALORE-560001. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:22:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11018 WP No. 84171 of 2013 5. MANAGER VIJAYA BANK, MANGUNDI BRANCH, DHARWAD. …RESPONDENTS (BY SRI. MALLIKARJUN S.HIREMATH, DVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.08.2013 VIDE ANNEXURE-K TO THE WRIT PETITION ISSUED BY RESPONDENT NO.3 AND DIRECT THE RESPONDENTS TO RE-CONSIDER THE REQUEST OF THE PETITIONER FOR APPOINTMENT ON COMPASSIONATE GROUND, CONSIDERING THE REPRESENTATIONS PRODUCED AT ANNEXURE-M AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this writ petition, the petitioner seeks the following reliefs. a) Issue a writ of certiorari or any other writ order or direction quashing the impugned order no. HRD: CESS: YK: 8580: 2013 dated 12.8.2013 vide ANNEXURE- K to the writ petition issued by Respondent No.3. - 3 - HC-KAR NC: 2025:KHC-D:11018 WP No. 84171 of 2013 b) Issue a Writ of Mandamus or any other Writ or order, direction to the respondents to re-consider the request of the petitioner for appointment on Compassionate Ground, considering the representations produced at Annexure-M. b) Grant such other reliefs as this Hon'ble Court may deem fit to grant in the circumstances of this case in the interest of justice and equity. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is the widow of one late Takappa B. Gabbur who joined respondent – Bank and was working as Peon Code No.18455 in Managundi’s Branch. When he was aged about 48 years 8 months, expired leaving behind his petitioner (wife) and two minor children aged about 9 and 5 years. Upon expiry of the petitioner’s husband on 07.04.2013, the petitioner filed an application seeking compassionate appointment on 15.05.2013. 4. The respondents rejected the said application on the ground that as per the scheme governing, payment of Ex- Gratia amount in Lieu of Appointment on Compassionate - 4 - HC-KAR NC: 2025:KHC-D:11018 WP No. 84171 of 2013 Grounds and Appointment of Dependents of deceased Employees on Compassionate Grounds, 1978, which was revised from time to time and in terms of Circular No.169/2007 dated 17.10.2007, the petitioner’s husband having not died while performing his official duty as a result of violence, terrorism, robbery or dacoity and the petitioner’s husband having not been aged less than 30 years or dying within a period of 5 years on the date of first appointment was not entitled to the benefit of compassionate appointment in terms of the said scheme. However, the respondent – Bank voluntarily came forward to pay Ex–gratia payment, which was received by the petitioner and her children who are also continuing to receive family pension even till today. 5. Aggrieved by the impugned communication at Annexure-K dated 12.08.2013 declining to grant compassionate appointment in favour of the petitioner, she is before this Court by way of present writ petition. 6. Before adverting to the rival contentions should be oppose to refer to the impugned communication at Annexure-K which reads as under: - 5 - HC-KAR NC: 2025:KHC-D:11018 WP No. 84171 of 2013 “Sub: Your representation for Compassionate Appointment We are in receipt of your letter dated 26.07.2013 for Appointment on Compassionate grounds to you, consequent to the death of your husband Mr. Gabbur T B, Peon, Code no 18455, Managundi branch on 07.04.2013. In this regard we wish to inform you that at the time of death your husband was aged 48 years 08 months and had put in 21 years 11 months of service. As per the scheme in existence, Appointment on Compassionate grounds can be made only in case of: 1. Employee dying while performing his official duty, as a result of violence, terrorism, robbery or dacoity. 2. Employee dying within 5 years of his first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and/or minor children, Under these circumstances, the request made by you does not fall under the scheme in force and therefore we express our inability to consider your request favorably. We wish to inform you that the Bank is having a Scheme providing for Payment of Exgratia/Relief In lieu of Appointment on Compassionate Grounds for dependents of deceased employees. For your ready reference, we are enclosing the necessary forms. - 6 - HC-KAR NC: 2025:KHC-D:11018 WP No. 84171 of 2013 You may submit the application through the Branch Manager, Vijaya Bank, Manugundi branch which will be disposed of on merits, as per terms and conditions of the Scheme providing for payment of ex-gratia/relief. The duly filled in forms should reach us not later than 6 months form the date of demise of the employee. You may immediately approach the Br. Manager, Manugundi branch who will guide you in this regard.” 7. A perusal of impugned communication at Annexure-K will indicate as stated supra, in order to claim compassionate appointment it is absolutely essential under the scheme formulated by the respondent – Bank and which was in force in the year 2013 that the deceased person should have expired while performing his official duty, as a result of violence, terrorism, robbery or dacoity and that he should have died either within a period of five years from the date of his first appointment or before reaching the age of 30 years. In the instant case, the aforesaid Takappa B. Gabbur did not expire as a result of violence, terrorism, robbery or dacoity as contemplated in the scheme and he was aged about 48 years 8 months and he had already completed 21 years of service, it follows there from that the relevant criteria for seeking - 7 - HC-KAR NC: 2025:KHC-D:11018 WP No. 84171 of 2013 compassionate appointment were not fulfilled or available and would not govern the petitioner whose request / application was rightly rejected by the respondent – Bank by issuing the impugned communication which cannot be said to suffer from any illegality or infirmity nor can the same be said to be perverse or capricious warranting interference by this Court in the present petition. 8. It is also relevant to place on record that the respondent – Bank had made Ex–gratia payment in terms of the said scheme, which had been voluntarily accepted by the petitioner along with her children who continue to receive family pension even till today from the respondents. Under these circumstances, I do not find any merit in the petition and the same is hereby dismissed. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM Ct:vh List No.: 1 Sl No.: 11