- 1 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 7589 OF 2024 (S-RES) BETWEEN: KIRAN S/O LATE K MANTESH, AGED ABOUT 31 YEARS, OCC: LIBRARY SUPERVISOR, R/O NO.495, WARD NO.3, NEAR CHOWDESHWARI TEMPLE, KONDAJJI, TALUK HARIHAR, DIST. DAVANAGERE-577589 …PETITIONER (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR SRI. GIRISH V BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 3RD FLOOR, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001 2. THE DIRECTOR PANCHAYAT RAJ DEPARTMENT, KALIDASA ROAD, GANDHINAGAR, BENGALURU-560009 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, DAVANAGERE-577005 4. THE VICE SECRETARY/MEMBER SECRETARY GRAM PANCHAYAT LIBRARY SUPERVISORS., APPOINTMENT COMMITTEE, ZILLA PANCHAYAT, DAVANAGERE-577005 5. THE EXECUTIVE OFFICER TALUK PANCHAYAT, HARIHAR TALUK, DAVANAGERE -577601 - 3 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 6. THE PANCHAYAT DEVELOPMENT OFFICER KUNDOJJI GRAM PANCHAYAT, HARIHAR TALUK, DAVANAGERE DISTRICT-577601 7. THE CHIEF LIBRARIAN DISTRICT CENTRAL LIBRARY, DAVANAGERE-577005 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R7 SRI. JAGADEESWARA N.R., ADVOCATE FOR R3, R5 & R6 R2 & R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE IMPUGNED MEMORANDUM OF CLARIFICATION PASSED BY THE R2 BEARING NO. KPRC/ABHIVRADDI/704/2023 DATED 12/02/2024, VIDE ANNEXURE-J, IN SO FAR IT EFFECTS THE APPOINTMENT/ SERVICE OF THE PETITIONER IS CONCERNED. II) QUASH THE IMPUGNED MEETING NOTIFICATION PASSED BY THE R4 BEARING NO. ZIPAMDA.AA(29) CR-02/2023-24 DATED 22/02/2024 VIDE ANNEXURE-K, IN SO FAR IT RELATES TO DECLARING OF THE POST OF LIBRARY SUPERVISOR UNDER R6 AS VACANT WHEREIN THE PETITIONER IS ALREADY WORKING. III) DIRECTING THE R4 TO CONTINUE THE SERVICE OF PETITIONER AS LIBRARY SUPERVISOR UNDER COMPASSIONATE GROUND. - 4 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking following reliefs: I. Issue a writ or a direction or an appropriate order in the nature of Certiorari, quashing the impugned memorandum of clarification passed by the 2nd respondent bearing No. KPRC/ ABHIVRADDI/704/2023 dated 12.02.2024, vide Annexure-J, in so far it effects the appointment/service of the petitioner is concerned. II. Issue a writ or a direction or an appropriate order in the nature of Certiorari, quashing the impugned meeting notification passed by the 4th respondent bearing No. ZIPAMDA: AA(29): CR-02/2023-24 dated 22.02.2024 vide Annexure-K, in so far it relates to declaring of the post of library supervisor under 6th respondent as vacant wherein the petitioner is already working. III. Issue a writ or a direction or an appropriate order in the nature of mandamus directing the 4th - 5 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 respondent to continue the service of Petitioner as library supervisor under Compassionate ground. IV. Issue such other orders and grant such other reliefs deemed fit and proper, in the circumstances of the case, in the interest of justice and equity. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner's father was appointed as a Library Supervisor on a honorarium basis vide memorandum of appointment dated 28.01.1993 with effect from 17.11.1992. The father of the petitioner served respondent No.6-Gram Panchayat for more than 30 years and untimely died on 26.04.2022. After the demise of the petitioner's father, the family was in a financial distress. The petitioner submitted an application for appointment on compassionate ground. The petitioner was appointed vide resolution dated 02.06.2022. Payment was also made to the petitioner from time to time. For the first time, the Department of Personnel and Administrative Reforms - 6 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 (DPAR), on 14.11.2022 published the service rules which provides for appointment on compassionate basis, and further, Rule 25 clarifies that any action which benefited the existing Library Supervisor before the commencement of this rule shall not be affected by the commencement of the rule. After the commencement of the rules, there were many queries raised on compassionate appointment to the dependents of the employees, who died in a harness. In return to the queries, respondent No.2 issued a memorandum of clarification dated 12.02.2024, wherein in the last paragraph of the clarification, it is stated that, compassionate appointment to the post of Library Supervisors, before the commencement of the Rules, is not permissible, which have directly affected the interest of the petitioner. Pursuant to the impugned memorandum of clarification, respondent No.4 published a meeting notification dated 22.02.2024 declaring the vacant posts for Library Supervisors in various Gram Panchayats. Respondent No.4 illegally declared the post of Library - 7 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 Supervisor under Kundojji Gram Panchayat as vacant, wherein the petitioner is presently working. The petitioner, aggrieved by the impugned memorandum of clarification, issued by respondent No.2 and meeting notice issued by respondent No.4, filed this petition. 3. Heard the arguments of the learned counsel for the petitioner, learned AGA and also the learned counsel for respondent Nos.3, 5 and 6. 4. Learned counsel for the petitioner submits that, in an identical matter in the case of Chetana Vs. The State of Karnataka and Others1, the Co-ordinate Bench of this Court had allowed the writ petition and quashed the memorandum of clarification and quashed the impugned endorsement therein. He submits that, based on the memorandum of clarification, an endorsement was issued to the petitioner in the case of Chetana (Supra). He submits that, the Co-ordinate Bench has set aside the endorsement and reserved the liberty to the petitioner 1 WP No.17804/2023, disposed of on 07.11.2024 - 8 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 therein to file a representation for appointment on compassionate ground and payment of remuneration for the services that he rendered so far along with the copy of the order. He submits that, the petitioner stands on the same footing and the similar order may be passed on the ground of parity. 5. Per contra, learned AGA submits that, the writ petition may be disposed of in terms of the order passed in the case of Chetana (Supra). 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. There is no dispute that the petitioner was appointed on a compassionate ground on 02.06.2022. Thereafter, a memorandum of clarification was issued on 14.11.2022. The appointment of the petitioner was much earlier than issuing the memorandum of clarification. In a similar petition in the case of Chetana (Supra), the respondents therein, considering the memorandum of - 9 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 classification, has issued an endorsement dated 26.07.2023. The petitioner therein had challenged the endorsement in WP No.17804/2023. The Co-ordinate Bench, considering the orders passed in WP No.20489/2021, where the Government has notified the rules for providing for compassionate appointment with the Gram Panchayat, the Court has opined that the respondents are required to consider the petitioner's case for appointment on compassionate ground under the rules. The Co-ordinate Bench has also concluded in this regard as follows: "The above rule provides for consideration of dependants of the deceased employees working as Librarian and Library Supervisors for compassionate appointment. In view of the above rule, the respondents are required to reconsider the case of the petitioner. Therefore, without reference to Annexures A and B, respondents to consider the case of the petitioner for compassionate appointment in accordance with 2022 Rules." - 10 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 8. Admittedly, in the instant case, the petitioner was appointed on a compassionate ground on 02.06.2022 and the DPA rules came into force on 14.11.2022. The appointment of the petitioner was much earlier than the rules came into force. The Co-ordinate Bench has also recorded a finding in paragraph No.6, which reads as follows: “6. This conclusion has not been called in question. This Court is of the view that, if the petitioner is appointed on compassionate grounds [though temporarily] without the rules helping her to tide over the immediate financial constraint, and she is accordingly continued even as of today over a period of twelve – thirteen years, it would not be permissible [especially with this Court’s observation as aforesaid] to contend that she will not be entitled to appointment because the Rules have been framed later. The impugned Endorsement dated 26.07.2023 must yield, and the second to fourth respondents must be directed to consider the petitioner's case afresh without in any manner disturbing her continuance in work.” 9. Admittedly, in the instant case, the petitioner is working since 02.06.2022 and continued in service. The - 11 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 issue involved in this case is squarely covered by the order passed by the Co-ordinate Bench of this Court in the case of Chetana (Supra). The petitioner is also entitled for a similar benefit on the ground of parity. 10. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. The impugned memorandum of clarification passed by respondent No.2 vide Annexure-J and the impugned meeting notification passed by respondent No.4 vide Annexure-K insofar as the petitioner is concerned, are hereby quashed; iii. The respondents are directed to consider the petitioner's application for appointment for compassionate appointment, his qualification and other parameters, but independent of the fact that the petitioner's father has died just before the Karnataka Gram Swaraj and Panchayat Raj (Panchayat Library and - 12 - HC-KAR NC: 2025:KHC:48009 WP No. 7589 of 2024 Information Center Supervisors) Rules, 2022 are framed; iv. Respondent Nos.2 to 6, upon the receipt of a certified copy of this order, is directed to ensure that the petitioner is paid his due services so far in terms of the initial appointment, subject to permissible revision; v. The petitioner will be at liberty to file a representation for appointment on compassionate ground and payment of remuneration for the services that were rendered so far along with this order within 4 weeks from the date of receipt of a copy of this order; vi. If the petitioner files a representation, respondent Nos.2 to 4 shall consider both the aspects and communicate the decision to the petitioner within 3 weeks thereafter; vii. Pending IAs, if any, are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV | List No.: 1 Sl No.: 18