- 1 - HC-KAR NC: 2025:KHC-D:11525 WP No. 105212 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105212 OF 2025 (S-RES) BETWEEN: PRASHANTGOUDA PATIL AGED ABOUT 35 YEARS, S/O. LATE HONNANAGOUDA PATIL, RESIDING AT TADAS, HAVERI DISTRICT, KARNATAKA-581106. …PETITIONER (BY SRI. PREETHAM JUDE CORREA, ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, HAVERI DISTRICT, KARNATAKA-581110. 2. THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AFFAIRS (POLICE SERVICES), GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, NRUPATHUNGA ROAD, BENGALURU-560001. 4. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU-560001 Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dhrawad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11525 WP No. 105212 of 2025 …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I-A) QUASH THE IMPUGNED ENDORSEMENT DATED 10.02.2025 ISSUED BY THE 1ST RESPONDENT (AT ANNEXURE-L); I) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO FORTHWITH APPOINT THE PETITIONER ON COMPASSIONATE GROUNDS UNDER THE KARNATAKA CIVIL SERVICES (APPOINTMENT ON COMPASSIONATE GROUNDS) RULES, 1996, AS THEY STOOD ON THE DATE OF HIS FATHERS DEATH ON 13.01.1998, THROUGH THE ISSUANCE OF APPROPRIATE APPOINTMENT ORDERS FORTHWITH.II) DIRECT THE RESPONDENTS TO PASS THE APPOINTMENT ORDER EXPEDITIOUSLY WITHIN A DEADLINE AS MAY BE FIXED BY THIS HON BLE COURT. III) AWARD COSTS TO THE PETITIONER AS THIS HON BLE COURT DEEMS FIT, ANDIV) GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, AND IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11525 WP No. 105212 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos. 1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: i) Quash the impugned endorsement dated 10.02.2025 issued by the 1st respondent (at Annexure-L); i) Issue a writ of mandamus directing the Respondents to forthwith appoint the Petitioner on compassionate grounds under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, as they stood on the date of his fathers death on 13.01.1998, through the issuance of appropriate appointment orders forthwith. ii) Direct the respondents to pass the appointment order expeditiously within a deadline as may be fixed by this Hon’ble Court. iii) Award costs to the petitioner as this Hon’ble Court deems fit, and iv) Grant such other and further reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, and in the interests of justice and equity. 3. The petitioner is the younger son of late Honnanagouda Ninganagouda Patil, who was serving - 4 - HC-KAR NC: 2025:KHC-D:11525 WP No. 105212 of 2025 at Kanginele Police Station, Haveri district under the Karnataka State Police. 4. The petition arises out of rejection of the petitioner’s application for compassionate appointment. The petitioner's mother passed away on 31.01.1998, leaving behind three minor children. The petitioner's father passed away on 28.12.2002 while in service. After attaining majority, the elder son of the deceased employee filed an application for compassionate appointment on 14.10.2005, which remained pending despite several representations. The petitioner later submitted a fresh application on 27.01.2025, enclosing no objection certificates from the elder brother and sister, seeking substitution in place of the original applicant. 5. The respondents rejected the petitioner’s application vide endorsement dated 10.02.2025, citing delay - 5 - HC-KAR NC: 2025:KHC-D:11525 WP No. 105212 of 2025 beyond the one-year limitation period from the date of the employee's death. 6. It is the petitioner's contention that this limitation was introduced only through an amendment that came into effect on 24.11.2000 and hence, cannot be retrospectively applied to the present case. It was further submitted that the elder brother’s application was filed within four months of attaining majority, having been born on 27.06.1987, and the petitioner’s application merely sought substitution and was not an independent delayed claim. 7. On the other hand, learned AGA submitted that the petitioner had attained majority long before filing the application in 2025, and therefore, the rejection was proper. 8. On considering the submissions and examination of the records, it is clear that the elder brother's application was submitted within a reasonable time - 6 - HC-KAR NC: 2025:KHC-D:11525 WP No. 105212 of 2025 but was not acted upon by the authorities. The petitioner’s application, being a substitution with the consent of other siblings, ought to have been considered. 9. The limitation of one year introduced by the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2000 cannot be applied to cases where the cause of action, i.e., death of the employee, arose prior to the amendment. In this case, the death occurred in 2002, and hence the one-year limitation could not have been a bar. The authorities also failed to address the substitution aspect, which is permissible in law when supported by the remaining legal heirs. Therefore, the rejection solely on the ground of delay is unsustainable. Accordingly, I pass the following: ORDER i. Writ petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:11525 WP No. 105212 of 2025 ii. The endorsement dated 10.02.2025 issued by respondent No.1 is quashed. iii. A writ of mandamus is issued directing the respondents to consider the petitioner’s application dated 27.01.2025, submitted as a substitution for the earlier application dated 14.10.2005, in accordance with law. iv. The said application shall be considered and appropriate orders passed within eight weeks from the date of receipt of a certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/List No.: 1 Sl No.: 83