SHASHIKUMAR S/O MAHARUDRAPPA KAMMAR v. THE STATE OF KARNATAKA
WP/106801/2025 · 2025-09-15
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62530 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62530 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12015 WP No. 106801 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106801 OF 2025 (S-RES) BETWEEN:
SHASHIKUMAR S/O. MAHARUDRAPPA KAMMAR, AGE: 25 YEARS, OCC. STUDENT, R/O. YADVAD VILLAGE, TQ. DHARWAD, DIST. DHARWAD-580008. …PETITIONER (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA R/BY. ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT, BENGALURU-560001.
2.
COMMISSINERATE OF HEALTH AND FAMILY WELFARE SERVICES AROGYA SAUDHA, 1ST CROSS, MAGADI ROAD, BENGALURU-23, R/BY. ITS COMMISSIONER.
3.
DHARWAD INSTITUTE OF MENTAL HEALTH AND NEUROSCENCES (DIMHANS), BELGAUM ROAD, DHARWAD, R/BY. ITS DIRECTOR. …RESPONDENTS (BY SRIYUTHS. P.N. HATTI, HCGP FOR R1 AND R2;
SUNIL DESAI, ADVOCATE FOR R3)
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12015 WP No. 106801 of 2025
THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE 2ND AND 3RD RESPONDENT TO CONSIDER REPRESENTATION VIDE ANNEXURE-G AND THEREBY APPOINT THE PETITIONER FOR JOB ON COMPASSIONATE GROUNDS WITHIN A STIPULATED TIME IN THE INTEREST OF JUSTICE AND EQUITY. B) PASS ANY OTHER ORDERS AS DEEMS FITS ON THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE AWARD OF COSTS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondents No.1 and 2. Sri Sunil Desai, learned counsel is directed to accept notice for respondent No.3
2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus, directing the 2nd and 3rd respondent to consider representation vide Annexure-G and
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HC-KAR NC: 2025:KHC-D:12015 WP No. 106801 of 2025
thereby appoint the petitioner for job on compassionate grounds within a stipulated time in the interest of justice and equity.
b. Pass any other orders as deems fits on the
facts and circumstances of the case including the award of costs in the interest of justice and equity.
3. The grievance of the petitioner is that the representation seeking appointment on compassionate grounds following the death of his father, who was employed in Group ‘D’ category, was submitted on 14.12.2023. Despite the lapse of considerable time, no decision has been taken.
4. It is well settled that applications for compassionate appointment are to be considered expeditiously, preferably within four weeks from the date of submission. Hence, I pass the following:
ORDER i. Writ petition is allowed. ii. Respondent no.3 is directed to consider the petitioner’s representation dated 14.12.2023
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HC-KAR NC: 2025:KHC-D:12015 WP No. 106801 of 2025
(Annexure-G) strictly in accordance with law within a period of four weeks from the date of receipt of a certified copy of this order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
VB Ct:pa List No.: 1 Sl No.: 39