- 1 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 14998 OF 2021 (S-RES) BETWEEN: PUNITH S @ PURUSHOTHAMA SON OF (LATE) SHIVARAJU AGED ABOUT 19 YEARS AND RESIDING AT NO. 82, WARD NO. 16, KARABAL FIELD NEAR VEERABHADRASWAMY TEMPLE CHANNAPATNA - 562 160. …PETITIONER (BY SRI. ABHINAY Y.T, ADVOCATE) AND: 1. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, CORPORATE OFFICE KAVERID BHAVAN BENGALURU - 560 009 REPRESENTED BY ITS MANAGING DIRECTOR. 2. EXECUTIVE ENGINEER (V) BESCOM, RAJARESHWARI NAGAR BYTARAYANAPURA BENGALURU - 560 026. …RESPONDENTS (BY SRI. UTTUR PADMAVATI SURESH,ADVOCATE FOR R1 AND R2) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 17 MARCH 2021 ISSUED BY THE R2 ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR ORDERS, 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 for the following reliefs: A. Quash the endorsement bearing no.KaneEm(ve)/RaRaNaVe/Le/SaLe/HeSa©/6426- 28 dated 17 March 2021 issued by the 2nd respondent (Annexure F); and B. Direct the respondents to consider the case of the petitioner for appointment on compassionate grounds; and C. Pass such orders this Hon'ble Court feels necessary in the circumstances of the case." 2. The brief facts leading to the filing of this petition are as follows: - 3 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 The father of the petitioner was working in the respondent company. He passed away on 11.06.2007. The petitioner attended the age of majority on 08.12.2019. After attaining the majority, he filed a suit on 01.02.2020 in O.S.No.42/2020, seeking direction against the defendants therein to change his name. As the order of lockdown was issued throughout the nation on 22.03.2020, the petitioner submitted an application on 12.02.2021 seeking for an appointment on compassionate grounds. The respondent issued an endorsement vide Annexure-F dated 17.03.2021 stating that the application cannot be considered, as it is delayed by 2 months and 3 days. The petitioner aggrieved by the said endorsement filed this writ petition. 3. The respondents filed a statement of objections contending that the father of the petitioner was working as a watchman in the respondent company. He died on 11.06.2007. It is contended that the petitioner has submitted an application for appointment on compassionate ground after one year from the date of attaining the majority. The application submitted by the petitioner, is at a belated stage. Hence, the respondent- - 4 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 company has rightly issued an endorsement dated 17.03.2021 and prays to dismiss the writ petition. 4. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 5. Learned counsel for the petitioner submits that the father of the petitioner was working in the respondent company as a watchman. He died on 11.06.2007 and on the date of death of the father, the petitioner was a minor. He attained the majority on 08.12.2019. Thereafter the order of lockdown was issued throughout the nation on 22.03.2020. The petitioner could not file an application for appointment on compassionate grounds within 1 year from the date of attaining the age of majority. He submitted that the limitation expired during the period from 15.03.2020 till 28.02.2022. The Hon'ble Apex Court has condoned the delay of limitation on the said period and held that a longer period shall apply. Further, he submits that the endorsement issued by respondent no.2 is contrary to the order passed by the Hon'ble Apex Court in Miscellaneous Application No.21/2022. Hence, he submits that the impugned endorsement issued by the respondent is arbitrary and - 5 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 erroneous. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for the respondents submits that the impugned endorsement issued by the respondent is in accordance with the law. She submits that the petitioner has not submitted an application within 1 year after attaining the age of majority. The application filed by the petitioner is barred by time and hence, on these grounds, she prays to dismiss the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. It is an undisputed fact that the father of the petitioner was working as a watchman in the respondent corporation. He passed away on 11.06.2007. Admittedly, as of the date of death of his father, he was a minor. The petitioner attained the age of majority on 08.12.2019. As per Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, an application must be filed within one year, which reads as follows: - 6 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 "Every dependent of a deceased Government Servant, seeking appointment under these rules shall make an application within one year from the date of death of the Government Servant, in such form, as may be notified by the Government, from time to time, to the Head of the Department under whom the deceased Government Servant was working. Provided that, in case of a minor he must have attained the age of eighteen years within two years from the date of death of the Government servant and he mush make an application within two years thereafter." 8. The petitioner, after attaining the majority, submitted an application on 12.02.2021. The petitioner ought to have submitted an application within one year from the date of attaining majority. The said period expired during COVID-19. The Hon'ble Apex Court in Miscellaneous Application No.21/2022 and connected matters in suo motu Writ Petition(C)No.3/2020 held as follows: I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi- judicial proceedings. II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022. - 7 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 9. Admittedly, the application to be submitted during the COVID-19 period, could have been submitted before 07.12.2020. During the said period, the order of lockdown was declared throughout the nation. The said period shall be excluded in view of the exposition of law laid down by the Hon'ble Supreme Court. If the said period is excluded, then the application filed by the petitioner is well within time. The endorsement issued by the respondent-company is arbitrary and erroneous and contrary to the order passed by the Hon'ble Apex Court. 10. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement vide Annexure-F is hereby set aside. iii. The respondent-company is directed to reconsider the application of the petitioner for appointment on compassionate grounds within eight weeks from the date of the receipt of copy of his order. - 8 - HC-KAR NC: 2025:KHC:46745 WP No. 14998 of 2021 In view of disposal of writ petition, I.A.Nos. 1 and 2 do not survive for consideration. Sd/- (ASHOK S.KINAGI) JUDGE HDK List No.: 1 Sl No.: 4