- 1 - NC: 2025:KHC-D:1667 WP No. 107008 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107008 OF 2024 (S-RES) BETWEEN: PRAVEEN S/O. HALAPPA LAMBI, AGE. 32 YEARS, OCC. LIBRARY SUPERIVISOR, G.P. LIBRARY, KADAKOL, R/O. KADAKOL, TQ. GADAG, DIST. GADAG- 582120. …PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, 3RD FLOOR, MS BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560001. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, GADAG- 582103. 3. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, SHIRAHATTI TALUK, DIST. GADAG- 582120. 4. THE PANCHAYAT DEVELOPMENT OFFICER, KADAKOL GRAM PANCHAYAT, TQ. SHIRAHATTI, DIST. GADAG- 582120. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1667 WP No. 107008 of 2024 5. THE CHIEF LIBRARIAN, DISTRICT CENTRAL LIBRARY, JRR+74J, GANDHINAGAR, DIST. GADAG- 582102. …RESPONDENTS (BY SMT. KIRTHILATHA R. PATIL, HCGP FOR R1 AND R5, SRI. L.T. MANTAGANI, ADVOCATE FOR R2, R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED REPLY PASSED BY THE 5TH RESPONDENT BEARING NO. G KEM GRAM GA. GRA.PAM.GRAM.:KADAKOL.71.779.2021-22 DATED 12.11.2024 REJECTING THE PETITIONER CANDIDATURE FOR APPOINTMENT ON COMPASSIONATE BASIS VIDE ANNEXURE-A TO THE WRIT PETITION. ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICE OF PETITIONER AS LIBRARY SUPERVISOR UNDER COMPASSIONATE GROUND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel for the petitioner and respondent in unison would submit that, the issue in the lis stands covered by the order passed by this Court in Writ Petition No.106325/2024 disposed on 15.01.2025, wherein it is held as under: “10. The afore narrated facts are not in dispute. The claim of the petitioner for appointment on compassionate ground as observed hereinabove is turned down on twin - 3 - NC: 2025:KHC-D:1667 WP No. 107008 of 2024 reasons; one being delay in furnishing the documents as directed by the Division Bench in the aforesaid writ appeal. The Division Bench had no doubt directed the documents to be to be submitted within ten days from the date of receipt of the copy of the order. The copy of the order is made available on 29.09.2023. The petitioner submits the documents on 04.10.2023 itself, along with the order in writ appeal. The dispute is with regard to the documents being submitted within the time frame of ten days or after ten days fixed by the Division Bench. The petitioner’s claim is for appointment on compassionate ground. Though the Division Bench had directed that the documents to be furnished within ten days and the petitioner submits that they were submitted, in time, technicalities or hyper technicalities should not be projected, by the respondents, to deny the claim of the petitioner for appointment on compassionate ground. If it has been submitted after ten days, but before a month. He said that the delay is not so huge to deny the appointment on compassionate ground. Therefore, the first ground on which the endorsement is issued is rendered unsustainable, on the aforesaid grounds. 11. The other ground is that, there is a change in Rules after the death of the mother of the petitioner, this issue is considered by the Coordinate Bench in Writ Petition No.17804/2023. The Coordinate Bench on an identical circumstance has held as follows: “5. When it is pointed out to this Court in the earlier writ proceedings in W.P. No.20489/2021 that the Government has notified the Rules providing for compassionate appointment with the Grama Panchayaths, this Court has opined that the respondents concerned are required to consider the petitioner's case for appointment on compassionate grounds under the Rules. This Court's conclusion in this regard reads as under: "The above rule provides for consideration of dependants of the deceased employees working as Librarian and Library Supervisors for compassionate appointment. In view of the above rule, the respondents are required to reconsider the case of the - 4 - NC: 2025:KHC-D:1667 WP No. 107008 of 2024 petitioner. Therefore, without reference to Annexures A and B, respondents to consider the case of the petitioner for compassionate appointment in accordance with 2022 Rules." 6. This conclusion has not been called in question. This Court is of the view that, if the petitioner is appointed on compassionate grounds [though temporarily] without the rules helping her to tide over the immediate financial constraint, and she is accordingly continued even as of today over a period of twelve thirteen years, it would not be permissible [especially with this Court's observation as aforesaid to contend that she will not be entitled to appointment because the Rules have been framed later. The impugned Endorsement dated 26.07.2023 must yield, and the second to fourth respondents must be directed to consider the petitioner's case afresh without in any manner disturbing her continuance in work. 7. At this stage, the learned counsel for the petitioner submits that the petitioner is not paid remuneration regularly. This Court must observe that the second to fourth respondents cannot insist upon the petitioner to continue the work without paying regularly and she must be paid for the services rendered thus far. Hence, the following: ORDER (a) The petition is allowed in part quashing the impugned Endorsement dated 26.07.2023 [Annexure A] directing the second to fourth respondents to consider the petitioner's application for compassionate appointment qua her qualifications and other parameters but independent of the fact that her husband has died just before the Karnataka Gram Swaraj and Panchayath Raj [Panchayat - 5 - NC: 2025:KHC-D:1667 WP No. 107008 of 2024 Library and Information Center Supervisors) Rules, 2022 are framed. [b] The second to fourth respondents, upon receipt of a certified copy of this order, are directed to ensure that the petitioner is paid for her services so far in terms of the initial appointment subject to permissible revision. [c] The petitioner will be at liberty to file a representation for appointment compassionate grounds and payment of remuneration for the services that were rendered so far along with a copy of this order within four [4] weeks from the date of receipt of this order and if the petitioner files representation, as aforesaid, the second to fourth respondents shall consider both the aspects and communicate the decision to the petitioner within a period of three [3] months from the date of receipt of such representation. a on Consequently, the application [IA.1/2023] stands disposed of.” 12. In the light of the order passed by the Coordinate Bench quoted supra, the second ground on which the endorsement is issued is also rendered unsustainable. Therefore, the case of the petitioner shall now merit consideration at the hands of respondents bearing in mind the observations made in the course of the order without brooking any further delay. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. - 6 - NC: 2025:KHC-D:1667 WP No. 107008 of 2024 (ii) The impugned communication of the third respondent dated 21.02.2024 vide Annexure-A and the impugned clarification issued by the second respondent dated 12.02.2024 vide Annexure-B stand quashed. (iii) Mandamus issues to the respondent Nos.2 to 5 to consider the case of the petitioner for appointment on compassionate ground, bearing in mind the observations made in the course of the order. (iv) Consideration shall happen within an outer limit of eight weeks from the date of receipt of the copy of the order, if not earlier, Ordered accordingly.” 2. In the light of the said submission, which is in unison, the same order shall become applicable to the case at hand, as well. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 169