- 1 - HC-KAR NC: 2025:KHC:34334 WP No. 10002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10002 OF 2025 (S-RES) BETWEEN: SYED ARIF ULLA AGED ABOUT 30 YEARS, S/O. LATE GULZAR BANU 47, AZAD NAGAR, 1ST CROSS, CHITRADUGRA-577501 …PETITIONER (BY SRI. DHANUSH M., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT VIDHANA SOUDHA BENGALURU- 560001 REGIONAL EDUCATION OFFICER, EDUCATION DEPARTMENT, CHITRADURGA TALUK PANCHAYAT, CHITRADURGA, KARNATAKA-577501 …RESPONDENT (BY SRI. SIDHARTH BABU RAO, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER OF ENDORSEMENT SUM/A5 AA/NA 01/2015-16/94/24-25/94/24-25/01/6/24 DTD 23.05.2024 WHERE THE R-2 HAS REJECTED THE PETITIONER REPRESENTATION DTD 11.09.2023 ANNX-A AND D AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34334 WP No. 10002 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following relief/s: “A. Quash and set aside the Order of Endorsement Sum/A5.A.A.NA:01/2015-16/94/24-25/01/6/24 dtd 23.05.2024, where the Respondent No.2 has rejected the Petitioner's representation dated 11.09.2023. (Annexure A) and Annex- D. B. Issue any appropriate writ, order or direction mandating the Respondent No. 2 to consider the Petitioner's representation for Compassionate appointment without considering the Petitioner's annual family income as of 2015 ANNEXURE-D C. Issue any other such appropriate writ, order or direction as this Hon'ble Court deems fit, in the interests of justice and equity.” 2. The case of the petitioner is that his mother, Smt.Gulzar Banu, was working as Assistant Teacher in Government Higher Education School, Chitradurga. She died on 24.03.2015 while she was in service leaving - 3 - HC-KAR NC: 2025:KHC:34334 WP No. 10002 of 2025 behind the petitioner and two sisters. The petitioner is the son of the deceased. He filed an application for his appointment on compassionate ground. By endorsement dated vide Annexure-A, the request of the petitioner has been rejected on the ground that as on the date of filing an application, the annual income of the family of the petitioner is higher than the average annual income of the First Grade Assistant. 3. Learned AGA has submitted that as per the Rule 4 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (hereinafter referred to as ‘the Rules’ for short), the income of the petitioner was exceeding the maximum scale of the post of the First Division Assistant (FDA). 4. Learned counsel appearing for the petitioner has not disputed that as on the date of the filing the application, the family income of the petitioner was equal to the maximum pay scale of an FDA. However, he has submitted that, as on the date of consideration of the application, the - 4 - HC-KAR NC: 2025:KHC:34334 WP No. 10002 of 2025 income was less than the limit prescribed under Rule 4 of the said Rules. Without considering this aspect of the matter, the impugned order has been passed. 5. As per Explanation (a) to Rule 4(1), it is clear that the income of the family of the deceased Government servant is to be considered as on the date of filing the application for compassionate appointment. The relevant provision is extracted below: “4. Conditions of appointment:- Appointment on compassionate grounds under these rules shall be subject to the following conditions, namely:- (1) The family of the deceased Government Servant should be in a financial crisis or destitution. Explanation.- (a) Family of a deceased Government Servant shall be considered to be in financial crisis or destitution if the recurring monthly income of the family from all sources is less than the total emoluments including Dearness Allowance, House Rent Allowance and City Compensatory Allowance admissible at Bangalore on the average of the minimum and the maximum of the scale of pay of - 5 - HC-KAR NC: 2025:KHC:34334 WP No. 10002 of 2025 the post of the First Division Assistant, as on the date of making application for compassionate appointment. For calculating such monthly income, the income from family pension, lumpsum pensionary benefits and interest earned thereon shall be excluded.” 6. Considering the same, the impugned order has been issued. The income of the petitioner is more than what is prescribed under Rule 4(1), Explanation (a). There is no error or illegality in the impugned order issued by the Authority. 7. Accordingly, the writ petition deserves to be dismissed. Accordingly, it is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 5