- 1 - HC-KAR NC: 2025:KHC:46830-DB WA No. 1189 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1189 OF 2024 (S-RES) BETWEEN: 1. SMT P N PRABHAVATHI W/O LATE P. NARASIMMHA AGED ABOUT 40 YEARS R/AT NO. 55/17, 3RD CROSS, RAMAPURAM, JAGJEEVANRAMNAGAR BANGALORE - 560018 …APPELLANT (BY SRI. LEELADHAR H P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PRINCIPAL SECRETARY URBAN DEVELOPMENT VIKAS SOUDHA DR. B.R. AMBEDKAR ROAD, BENGALURU - 560001. 2. THE ASSISTANT EXECUTIVE ENGINEER SOLID WASTE MANAGEMENT PADMANABHANAGAR DIVISION BBMP, BENGALURU - 560018 3. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU - 560001. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI. B.L.SANJEEV, ADVOCATE FOR R2 & R3) - 2 - HC-KAR NC: 2025:KHC:46830-DB WA No. 1189 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR ENTIRE RECORDS IN WP No-17186/2024 ON THE FILE OF THIS HON'BLE COURT SET ASIDE THE ORDER DATED 01.07.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-17186/2024 FURTHER BE PLEASED TO ALLOW THE SAID WRIT PETITION AND GRANT SUCH OTHER RELIEFS AS ARE JUST, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 01.07.2024 passed by the learned Single Judge in W.P.No.17186/2024 instituted by the appellant/petitioner. 2. The parties are referred to as per their ranking in the writ petition, for the sake of convenience. 3. One P. Narasimha, who was in employment with Bruhat Bengaluru Mahanagara Palike (BBMP), died in harness in the year 2015. It appears that during the - 3 - HC-KAR NC: 2025:KHC:46830-DB WA No. 1189 of 2024 lifetime of the first wife, the deceased employee also married the petitioner and two children were also born from the said wedlock whereas, from the first wife, there are four children i.e., one son and three daughters. Soon after the demise of P. Narasimha, the petitioner, who is the second wife, had filed an application on 22.01.2016 seeking appointment on compassionate ground. 4. It may be relevant to take note of the fact that one daughter of late P.Narasimha from the first wife had made an application in the year 2021 seeking appointment on compassionate ground. However, the application of the daughter came to be rejected on the ground of delay as the same was filed after five years from the date of the death of P.Narasimha, and there was pending dispute regarding legal heirship. 5. The learned Single Judge, having considered the facts and circumstances of the case has held that late P.Narasimha had not recorded the details of the - 4 - HC-KAR NC: 2025:KHC:46830-DB WA No. 1189 of 2024 appellant/petitioner in his service book, and after the demise of P.Narasimha, his first wife Smt. Muthyalamma had received the family pension and all other benefits payable. It is further observed that the petitioner never raised objection regarding release of the pensionary benefits, DCRG etc., in favour of the first wife. The brother of late P. Narasimha has also filed probate proceedings in P & SC No.76/2016 claiming the succession certificate, which is still pending. 6. Learned counsel for the appellant/petitioner submitted that the petitioner was living with late P. Narasimha and their marriage was also registered and two children were born from the said wedlock. It is further submitted that as the petitioner is the legal heir being the wife of late P.Narasimha, her claim is required to be considered for compassionate appointment. 7. On the other hand, learned counsel for the respondent Nos.2 & 3-BBMP submits that in absence of - 5 - HC-KAR NC: 2025:KHC:46830-DB WA No. 1189 of 2024 succession certificate, the petitioner's claim cannot be considered for compassionate appointment. He further submits that late P. Narasimha had children from the first wife and therefore, the petitioner's marriage with late P. Narasimha was not a legal and valid marriage and therefore, her claim for compassionate appointment cannot be considered. Learned counsel however, submitted that if the petitioner would produce the succession certificate issued by the competent authority, the respondent No.3-BBMP will consider her claim, in accordance with law. 8. In view of the aforesaid submission made by the learned counsel for the BBMP, we dispose of the writ appeal with liberty to the appellant/petitioner to file appropriate proceedings for obtaining succession certificate, and if the appellant/petitioner succeeds in getting the succession certificate, she may submit the same before the respondent No.3-BBMP for seeking compassionate appointment, and respondent No.3 shall - 6 - HC-KAR NC: 2025:KHC:46830-DB WA No. 1189 of 2024 consider her application which was filed way back in the year 2016 in accordance with law expeditiously. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 8 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA