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2025 DAILYLAW 64743 (KAR)

SAVITA D/O. SHASHIKALA HARIJAN v. THE CITY MUNCIPAL COUNCIL

WP/103096/2014 · 2025-08-28

S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10896 WP No. 103096 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 103096 OF 2014 (S-RES) BETWEEN: SAVITA, D/O. SHASHIKALA HARIJAN, AGE: 22 YEARS, R/O. RABAKAVI, TQ: JAMKHANDI, DIST: BAGALKOT. …PETITIONER (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE) AND: 1. THE CITY MUNCIPAL COUNCIL, RABAKAVI-BANAHATTI, TQ: JAMKHANDI, DIST: BAGALKOT, REPRESENTED BY ITS COMMISSIONER. 2. THE DEPUTY COMMISSIONER, BAGALKOT, DIST: BAGALKOT. 3. ADDITIONAL DEPUTY COMMISSIONER Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:21:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10896 WP No. 103096 of 2014 AND CHAIRMAN, MUNCIPAL EMPLOYEES COMPASINATE APPOINTMENT VERIFICATION COMMITTEE, BAGALKOT, DIST: BAGALKOT. 4. THE DIRECTOR, DISTRICT URBAN DEVELOPMENT SECTION, DEPUTY COMMISSIONER OFFICE, BAGALKOT. 5. THE DIRECTOR OF MUNCIPAL, ADMINISTRATION, AMBEDKAR VEEDI, BANGALORE, BANGALORE. …RESPONDENTS (BY SRI. R.K.KULKARNI, ADVOCATE FOR R1 SRI. ASHOK KATTIMANI, AGA FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED PROCEEDINGS DATED 29.08.2013 NO.NIL. PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-G AND ENDORSEMENT DATED 20.12.2013 IN NO.KRA.SUM.PUSA 3:SIBBANDI:CR:60:2012-13 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-H AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10896 WP No. 103096 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, the petitioner seeks the following reliefs: “1. To issue writ in the nature of certiorari to quash the impugned proceedings dated 29.08.2013 No.Nil. passed by the 3rd respondent vide Annexure-G and endorsement dated 20.12.2013 in No.Kra.Sum.Pusa 3: Sibbandi : CR: 60:2012-13 issued by the 4th respondent vide Annexure-H. 2. To issue any other orders, directions to the respondents to appoint the petitioner on compassionate grounds in the office of the 1st respondent by allowing this writ petition in the interest of Justice and equity.” 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondents No.2 to 5. 3. A perusal of the material on record will indicate that the mother of the petitioner Shashikala Harijan was working as a Sweeper in the office of the 1st respondent and she expired during harness on 30.03.2001. On 30.01.2022, the petitioner’s guardian submitted a representation to the respondents requesting them to keep one post vacant as the children of - 4 - HC-KAR NC: 2025:KHC-D:10896 WP No. 103096 of 2014 Shashikala Harijan including the petitioner were minors. On 04.02.2002, the 2nd respondent issued an endorsement informing that the application had to be submitted within one year from the date of demise of the said Shashikala Harijan, and since the petitioner and other children of Shashikala Harijan were minors even after expiry of the said period, the question of considering their names for appointment on compassionate grounds would not arise in the facts and circumstances of the case. 4. After attaining the age of majority, the petitioner filed an application seeking appointment on compassionate ground which was rejected by the respondents in the proceedings conducted on 29.08.2013 which culminated in issuance of the impugned endorsement dated 20.12.2013 rejecting the claim of the petitioner for compassionate appointment, aggrieved by which the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record including the impugned proceedings and endorsement indicate that the respondents were fully justified in rejecting the claim of the - 5 - HC-KAR NC: 2025:KHC-D:10896 WP No. 103096 of 2014 petitioner on the ground that she was a minor at the time of demise of her mother Shashikala Harijan and that the petitioner had not attained the age of majority within a period of one year from the date of death of her mother. In addition thereto, there is no interim order in the present petition as a result of which the petitioner is aged about 34 years as on today. Under these circumstances, the question of interfering with the impugned proceedings and the endorsement would not arise in the facts and circumstances of the instant case, and the petition is accordingly disposed off without interfering with the impugned proceedings and the endorsement. Sd/- (S.R. KRISHNA KUMAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 14