- 1 - NC: 2025:KHC-D:3494 WP No. 104926 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104926 OF 2022 (S-RES) BETWEEN: SRI. ADARSH S/O. LATE BHIMARAY SALUNKE, AGE. 21 YEARS, OCC. NIL, C/O. GOPAL B. SALUNKE, R/O. KUMKAR GALLI, BIJJARAGI -586122, TQ. TIKOTA, DIST. VIJAYAPUR. …PETITIONER (BY SRI M. S. HARAVI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION CENTRAL OFFICES, GOKUL ROAD, HUBBALLI TQ. HUBBALLI DIST. DHARWAD -580030. 2. THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, BELAGAVI DIVISION, BELAGAVI- 590001, DIST. BELAGAVI. …RESPONDENTS (BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO 1) ISSUE Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3494 WP No. 104926 of 2022 WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO. VAAKARASAA/ BEVI/SIBBANDI/NEMAKA/2156/2022-23 DATED 15/19-09-2022 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-L. 2) ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO APPOINT THE PETITIONER ON COMPASSIONATE GROUNDS TO THE POST SUITABLE TO HIS QUALIFICATION WITH IMMEDIATE EFFECT. 3) PASS ANY ORDER OR DIRECTION AS DEEMS FIT BY THE HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS WRIT PETITION WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: i. To issue writ, order or direction in the nature of certiorari to quash the endorsement bearing No. VAAKARASAA/ BEVI/SIBBANDI/NEMAKA/2156/2022-23 dated 15/19-09-2022 issued by the 2nd respondent as per Annexure-L. ii. ii. To issue writ, order or direction in the nature of mandamus directing the respondents to appoint the petitioner on compassionate - 3 - NC: 2025:KHC-D:3494 WP No. 104926 of 2022 grounds to the post suitable to his qualification with immediate effect. iii. Pass any order or direction as deems fit by the Hon’ble Court under the facts and circumstances of the case by allowing this writ petition with cost in the interest of justice and equity. 2. Heard the learned counsel Sri.M.S.Haravi appearing for the petitioner and the learned counsel Sri.Prashant Hosmani representing the respondent- Corporation. 3. Facts in brief germane are as follows: The father of the petitioner, who was working as a Junior Assistant in the Corporation dies in harness on 01.02.2018. Owing to the death and the loss of the sole breadwinner of the family, an application comes to be submitted on 10.08.2021 to the 2nd respondent- Corporation seeking appointment on compassionate grounds. The communication comes to be turned down on the score that there is delay in submitting the application and it is contrary to the Rules. 4. The learned counsel Sri.Prashant Hosmani appearing for the respondent – Corporation submits that - 4 - NC: 2025:KHC-D:3494 WP No. 104926 of 2022 in terms of the extant Circular, the application seeking appointment on compassionate ground should be given within the expiry of one year after the death of the sole breadwinner of the family. In the case at hand, the death has happened on 01.02.2018 and the application is submitted later. 5. The learned counsel for the petitioner Sri.M.S.Haravi submits that he had represented contending that onset of COVID-19, the application could not be submitted within time. Therefore, he would further contend that in all cases where statutory limitation itself was there, the Apex Court by its orders, extended those periods and this is springing from a Circular. Therefore, the delay in submitting the application should be controlled and a direction to re-consider the case of the petitioner should be issued. There is substance in what the learned counsel for the petitioner submits. Therefore, I deem it appropriate to direct the Corporation to re- consider the case of the petitioner strictly in consonance with the extant Circular and the Law prevailing with regard - 5 - NC: 2025:KHC-D:3494 WP No. 104926 of 2022 to appointment on compassionate grounds without insisting on the delay. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 17