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2025 DAILYLAW 80422 (KAR)

SMT S K ASHALATHA v. THE STATE OF KARNATAKA

WP/11512/2023 · 2025-07-31

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29647 WP No. 11512 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11512 OF 2023 (S-RES) BETWEEN: SMT S K ASHALATHA W/O LATE SRI G SATHISH AGED ABOUT 50 YEARS R/O NO 111, 3RD CROSS KEERTHINAGAR, SHIVAMOGGA SHIVAMOGGA 577204. …PETITIONER (BY SRI. SIDDANOORU VISHWANATHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI BENGALURU 560001. 2. DR B R AMBEDKAR MISSION PUBLIC TRUST (R) RAGIGUDDA NAVULE SHIVAMOGGA 577216 REP. BY ITS CHAIRMAN & SECRETARY 3. THE COMMISSIONER DEPARTMENT OF SOCIAL WELFARE 5TH FLOOR, MS BUILDING BENGALURU 560001. 4. THE DISTRICT SOCIAL WELFARE OFFICER DEPARTMENT OF SOCIAL WELFARE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29647 WP No. 11512 of 2023 ’PRITHVI MANSION’ 100 FEET ROAD VINOBA NAGAR, SHIVAMOGGA SHIVAMOGGA 577204. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1, R3 & R4: R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION OR ANY OTHER WRIT IN THE SIMILAR NATURE DIRECTING THE RESPONDENTS NO 1 TO 4 TO PAY THE SALARY AND ARREARS OF SALARY DUE TO THE PETITIONER FROM 02/05/2019 TILL DATE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for a writ of mandamus to direct the respondents to consider the representation of the petitioner at Annexure-H for approval of appointment on compassionate grounds and to pay salary. 2. Mr.G.Sathish, husband of the petitioner, was working as a Night Watchman in respondent No.2, Trust. He died on 12.05.2009, while he was in service. The petitioner, - 3 - HC-KAR NC: 2025:KHC:29647 WP No. 11512 of 2023 who is the wife of Mr.G.Sathish, filed an application on 15.06.2009 seeking for appointment on compassionate grounds. The same has been recommended by the respondent No.2 to the State Government. Since the proposal sent by the respondent No.2 for approval of appointment of petitioner has not been considered, the petitioner submitted a representation dated 02.05.2019 vide Annexure-H. Since no action has been taken by the respondents on the representation submitted by the petitioner, the petitioner has filed this writ petition. 3. Now, the petitioner has filed a memo along with a copy of the communication dated 06.03.2025 addressed by the Principal Secretary to the respondent No.3, Commissioner, to approve the appointment of the petitioner on compassionate grounds. 4. At this stage, the learned AGA appearing for the respondents submits that if this Court grants some - 4 - HC-KAR NC: 2025:KHC:29647 WP No. 11512 of 2023 reasonable time, the representation submitted by the petitioner will be considered in accordance with law. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 6. Respondent Nos.1 to 3 are directed to consider the representation dated 02.05.2019 submitted by the petitioner vide Annexure-H, in accordance with law and as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 46