Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53990 WP No. 13922 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.13922 OF 2025 (S-RES) BETWEEN:
SRI. PRASHANTHA L S/O LATE LOKESH S, AGED ABOUT 30 YEARS, RESIDING AT NO.16, 10TH MAIN ROAD, 4TH CROSS, SOUTH VALMIKI NAGAR, ANDARAHALLI, BENGALURU - 560 091 …PETITIONER (BY SRI. P. P. HEGDE, SENIOR COUNSEL FOR SRI. ASHOKA T., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP. BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU - 560 001
2.
THE STATE OF KARNATAKA, DEPARTMENT OF PERSONAL ADMINISTRATIVE REFORMS, (SERVICE RULES)
Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53990 WP No. 13922 of 2025
REP. SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
3.
BANGALORE WATER SUPPLY AND SEWERAGE BOARD REP. BY ITS CHAIRMAN, 1ST FLOOR, KAVERI BHAVANA KEMPEGOWDA ROAD, BENGALURU - 560 009
4.
CHIEF ADMINISTRATIVE OFFICER AND SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD 1ST FLOOR, KAVERI BHAVANA KEMPEGOWDA ROAD, BENGALURU - 560 009
5.
ASSISTANT EXECUTIVE ENGINEER, (ELECTRIC DESIGN & PUMPING STATION) -2, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND MAIN ROAD, 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 055
6.
SMT. YASHODHA W/O LATE LOKESH S,
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HC-KAR NC: 2025:KHC:53990 WP No. 13922 of 2025
AGED ABOUT 40 YEARS, RESIDING AT NO.16, 10TH MAIN ROAD, 4TH CROSS, SOUTH VALMIKI NAGAR, ANDARAHALLI, BENGALURU - 560 091
7.
SMT. SHWETHA L D/O LATE LOKESH S, W/O MANJUNATH G, AGED ABOUT 31 YEARS, RESIDING AT NO.20, ANUGRAHA, INDARANAGAR, GANGODANAHALLI MAIN ROAD, NAGASANDRA POST, BANGALORE NORTH - 560 073 …RESPONDENTS
(BY SMT. B. SUKANYA BALIGA., AGA FOR R1 & R2;
SRI. N. S. SRIRAJ GOWDA, ADVOCATE FOR R6 & R7;
SRI. B. S. SHRINIVAS, ADVOCATE FOR R3 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR
ORDER OR DIRECTION IN THE SIMILAR NATURE DIRECTING THE 4TH RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATIONS DATED 03.04.2025 VIDE ANNEXURE-G AND TO CONSIDER THE APPLICANT'S REPRESENTATIONS AND APPOINT HIM ON COMPASSIONATE GROUNDS AND ETC
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:53990 WP No. 13922 of 2025
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition seeking a mandamus directing respondent No.4-Authority to consider the representation dated 03.04.2025 vide Annexure-G, wherein the petitioner sought for an appointment on compassionate ground. Respondent No.4 has not passed any order on the said representation. Hence, this writ petition.
2. Heard the arguments of Sri. P.P.Hegde, learned Senior Counsel for the petitioner, learned AGA for respondent Nos.1 and 2, learned counsel for respondent Nos.3 to 5 and learned counsel for respondent Nos.6 and 7.
3. Learned Senior Counsel for the petitioner submits that, the father of the petitioner was working in Bangalore Water Supply and Sewerage Board. He passed away on 23.02.2025, leaving behind the petitioner, respondent Nos.6
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HC-KAR NC: 2025:KHC:53990 WP No. 13922 of 2025
and 7. The petitioner submitted a representation dated 03.04.2025 vide Annexure-G for appointment on compassionate ground. Respondent No.4 has not passed any order on the said representation. Hence, he prays to issue a direction to respondent No.4 to consider the representation and pass an appropriate
order in accordance with law.
4. Per contra, learned counsel for respondent Nos.6 and 7 submits that, the representation submitted by the petitioner is not in accordance with the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (‘Rules’ for short) and the said representation is not supported with an affidavit of respondent Nos.6 and 7. Hence, he prays to dismiss the writ petition.
5. Per contra, learned counsel for respondent No.4 submits that, if reasonable time is granted, respondent Nos.3 to 5 would consider the application vide Annexure-G and also examine whether the application submitted by
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HC-KAR NC: 2025:KHC:53990 WP No. 13922 of 2025
the petitioner is in accordance with Rules or not? and would pass an appropriate order in accordance with law.
6. Perused the records and considered the
submissions of the learned Senior Counsel and learned counsel for the parties.
7. The petitioner has submitted an application/ representation to respondent No.4 for the appointment on compassionate ground, and
learned counsel for respondent Nos.3 to 5 has submitted that respondent No.4 would consider the representation and would pass an appropriate order in accordance with law. In view of the submission made by learned counsel for respondent Nos.3 to 5, I proceed to pass the following:
ORDER i. The writ petition is disposed of; ii. Respondent No.4 is directed to consider the representation dated 03.04.2025 vide Annexure-G, and examine whether the application/representation submitted by the
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HC-KAR NC: 2025:KHC:53990 WP No. 13922 of 2025
petitioner is in accordance with the Rules and also regarding the maintainability of the application, and pass an appropriate order in accordance with law, after hearing both the petitioner as well as respondent Nos.6 and 7, within 8 weeks from the date of receipt of a copy of this order; iii. All the contentions of the parties are kept open; iv. Pending IA(s), if any, shall stand disposed of accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
PA List No.: 1 Sl No.: 34