- 1 - NC: 2025:KHC-D:1714 WP No. 107076 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107076 OF 2023 (S-RES) BETWEEN: MISS NEELOFAR D/O. SHAMSUDDIN DHARWAD, AGE: 25 YEARS, OCC: COOLIE, R/O: TIPPUNAGAR, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 024. …PETITIONER (BY SRI GANESH RAIBAGI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, HUBBALLI ELECTRICITY SUPPLY COMPANY LTD., NAVANAGAR, HUBBALLI, DIST: DHARWAD 580025. 2. THE EXECUTIVE ENGINEER (ELECL), O AND M HESCOM LTD., HUBBALLI DIVISION, BHANDIWAD BASE, HUBBALLI, DIST: DHARWAD – 580025. 3. THE ACCOUNTS OFFICER, HESCOM LTD., BANDIWAD BASE, HUBBALLI, TQ. HUBBALLI, DIST: DHARWAD – 580 025. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1714 WP No. 107076 of 2023 4. THE SUPERINTENDENT ENGINEER, VIDYUT KARYA AND PALANA CIRCLE, HESCOM LTD., SHIVAGANGA LAYOUT, KESHWAPUR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 023. 5. THE STATE OF KARNATAKA, REPRESENTED BY ITS DEPUTY COMMISSIONER, DHARWAD, DIST: DHARWAD – 580 001. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R5; SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR ABSORPTION IN THE SERVICE OF THE PETITIONER ON PERMANENT BASIS TO THE APPROPRIATE POST BY DECLARING THAT THE PETITIONER IS ENTITLED FOR A JOB ON PERMANENT BASIS BY CONSIDERING THE REPRESENTATION DATED. 21-1- 2022, MADE TO THE RESPONDENTS PRODUCED HEREWITH AND MARKED AS ANNEXURE-H. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO CONSIDER THE CASE OF THE PETITIONER AS PER DIRECTIONS ISSUED ON 29.03.2022 BY THE RESPONDENT NO. 5/ DEPUTY COMMISSIONER, DHARWAD PRODUCED AT ANNEXURE-J. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THERTIN AS UNDER: - 3 - NC: 2025:KHC-D:1714 WP No. 107076 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: 1. A Writ in the nature of Mandamus directing the respondents to consider the case of the petitioner for absorption in the service of the petitioner on permanent basis to the appropriate post by declaring that the petitioner is entitled for a job on permanent basis by considering the representation dated. 21-1-2022, made to the respondents produced herewith and marked as Annexure-H. 2. A writ in the nature of Mandamus directing the respondent no. 2 to consider the case of the petitioner as per directions issued on 29.03.2022 by the respondent no. 5/ Deputy Commissioner, Dharwad produced at Annexure-J. 3. Issue each other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel Shri Ganesh Raibagi appearing for the petitioner; learned AGA Shri Sharad V.Magadum appearing for respondent No.5; and the learned counsel Shri Shivaraj P.Mudhol appearing for respondent Nos.1 to 4. - 4 - NC: 2025:KHC-D:1714 WP No. 107076 of 2023 3. On 04.10.2008, the petitioner, a minor girl at that point in time, is said to have gone to the terrace for washing the clothes, and on washing the clothes, the wet clothes come in contact with the live wire and caused serious injuries. The petitioner is said to have suffered 80% disability and continues to suffer the said disability as it has become permanent. The petitioner then approaches the Tribunal, seeking compensation for the injuries sustain in the accident and compensation is also granted to the petitioner. 4. A representation then springs on 17.08.2023 for an accident that had happened in the year 2008, seeking appointment on compassionate ground in the respondent – Corporation. The representation having not been considered, the petitioner has been driven to this Court in the subject petition. 5. Learned counsel appearing for the petitioner submits that the petitioner has suffered disability on the accident on account of the wet clothes coming into contact - 5 - NC: 2025:KHC-D:1714 WP No. 107076 of 2023 with the live wire. Therefore, the petitioner should be given a chance for seeking an appointment on compassionate ground due to the act of the Corporation. 6. Learned counsel Shri Shivaraj P.Mudhol representing the Corporation would submit that the appointment on compassionate ground is in terms of the Rules, Scheme or any other Guidelines, which will be on the death of the bread winner of the family, who is already an employee. The father, mother or the petitioner are not employees of the Corporation. Therefore, the stranger cannot seek compassionate appointment. 7. The afore-narrated facts are not in dispute. The dates, link in the chain of events are all the matter of record. The accident happens on 04.10.2008, which results in morbidity of the petitioner, which is to the tune of 80% today. The petitioner then is granted compensation assessed at Rs.7,50,000/- and now seeks appointment on compassionate ground. - 6 - NC: 2025:KHC-D:1714 WP No. 107076 of 2023 8. The respondent is the State under Article 12 of the Constitution of India and deals with public employment. The compassionate appointment cannot be granted except in terms of law, Rules, Scheme or the Guidelines for appointment for such appointment, which can be granted only to the kith and kin or the dependents of the family of the deceased employee who dies in harness. The family of the petitioner being none, and the petitioner being a stranger to the Corporation, cannot contend that she is entitled to consideration of her representation for appointment on compassionate ground. Therefore, finding no merit, petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / List No.: 1 Sl No.: 14