- 1 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 24331 OF 2022 (S-RES) BETWEEN: ABHIJITH PATWARDHAN S/O LATE PANDURANGA PATWARDHAN AGED ABOUT 33 YEARS R A/T S.P OFFICE OPPOSITE ROAD, MUNICIPAL COLONY 4TH CROSS KELAGOTE CITRADURGA KARNATAKA 577501 …PETITIONER (BY SRI. VAMSHI KRISHNA C., ADVOCATE) AND: REGISTRAR GENERAL HIGH COURT OF KARNATAKA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 HAVING OFFICE AT HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS OPPOSITE TO VIDANA SOUDHA AMBEDKAR VEEDHI BENGALURU 560 001 …RESPONDENT (BY SMT. B.V. VIDYULATHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 01.06.2022 BEARING NO.DJA.II-343/2020 (ANNEXURE-D) ISSUED BY THE RESPONDENT AND QUASH THE MEMO DATED 27.08.2022 BEARING REFERENCE NO.DJC/2799/2022(ANNEXURE-H) COMMUNICATING THE DECISION OF THE RESPONDENT TO PETITIONER. DIRECT THE RESPONDENT TO RECONSIDER THE APPOINTMENT OF THE PETITIONER TO THE POST OF FDA IN GROUP C IN ACCORDANCE WITH THE KARNATAKA CIVIL SERVICES (APPOINTMENT ON COMPASSIONATE GROUNDS) RULE, 1996 AND THE GOVERNMENT CIRCULAR DATED 27.10.2017 BEARING NO CSUE105SEANAE2017 BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 05.08.2022 (ANNEXURE-G). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking for the following prayer: i. Issue an order or writ in the nature of certiorari and quash the letter dated 01.06.2022 bearing No.DJA.II-343/2020 (Annexure-D) issued by the respondent. ii. Issue an order or writ in the nature of certiorari and quash the memo dated 27.08.2022 bearing reference No.DJC/2799/2022 (Annexure-H) communicating the decision of the respondent to the petitioner. iii. Issue an order or writ in the nature of a mandamus and direct, the respondent to reconsider the appointment of the petitioner to the post of FDA in Group C in accordance with the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 and the Government circular dated 27.10.2017 bearing No.CSUE105SEANAE2017 by considering the representation of the petitioner dated 05.08.2022 (Annexure-G) - 4 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 2. The petitioner's mother late Smt. Manjula Patwardhan was working as a Sheristedar in the court of Senior Civil Judge and JMFC, Hiriyur, Chitradurga. She passed away on 22.08.2019. After her demise, the petitioner submitted an application for appointment on compassionate ground. The office of the Principal District and Sessions Judge, Chitradurga, issued a letter to the respondent and forwarded the request of the petitioner seeking appointment on compassionate ground. 3. The two siblings of the petitioner sworn affidavit dated 17.11.2020, stating that they have no objection for the petitioner seeking an appointment for government job on compassionate ground. The respondent addressed a letter dated 01.06.2022 to the Principal District and Sessions Judge, Chitradurga, to forward the documents mentioned in Annexure-D. Pursuant to the communication dated 01.06.2022, vide Annexure-D, the petitioner has - 5 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 submitted all the relevant documents. Thereafter, the Principal District and Sessions Judge, Chitradurga, issued an order of appointment on 20.07.2022 and the petitioner had been appointed as 'Peon' under Group-D on the compassionate grounds. It is contended that as of the date of submitting an application, the petitioner was a graduate and is entitled for the post under Group-C and not under Group-D. The petitioner submitted a representation for reconsideration. The respondent rejected the said representation vide order dated 27.08.2022 vide Annexure-H. Hence, this writ petition. 4. The respondent filed a statement of objections admitting the employment of the mother of the petitioner as a Sheristedar and also admitted regarding the death of the mother of the petitioner and she was due to retire on 31.03.2020. It is also admitted that after the demise of the petitioner's mother he submitted an application seeking - 6 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 appointment on the compassionate ground. It is contended that the petitioner along with his application revealed that he has been acquitted in a criminal case bearing C.C.No.29 of 2018 vide judgment dated 06.06.2019 and the criminal Appeal is pending for consideration. It is contended that the respondent, after obtaining the opinion from the panel advocates, has rightly rejected the representation submitted by the petitioner for considering him for the post under group-C and not group-D. Hence, prays to dismiss the writ petition. 5. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 6. Learned counsel for the petitioner submits that on the date of submitting an application, the petitioner was a graduate and is entitled for the post of Group- C and not Group-D. The said aspect was not considered by the appointing authority. He submits that as of the date of submitting an application, the - 7 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 petitioner was acquitted in the said criminal case and subsequently complainant has filed an appeal which is pending for consideration. He submits that once if an appointment order is issued, consideration of pendency of the criminal appeal would not arise. Hence, to buttress his argument, he has placed a reliance on the order passed by the Division Bench in the case of Director of Municipal Administration vs. HN Guru Prasad reported in ILR 2009 KAR 1462. Hence, on these grounds, he prays to allow the writ petition. 7. Per contra, learned counsel for the respondent submits that the petitioner is guilty of suppression of material facts. He has not disclosed regarding the pendency of the criminal case in his application and got job by suppressing the facts. She also submits that after issuing an appointment order, the petitioner did not join the duty. He remained unauthorised absent. Instead of joining the duty, he - 8 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 has submitted a representation for considering him for the post of Group-C and not Group-D and the said application has rightly rejected by the respondent. Hence, on these grounds, she prays to dismiss the writ petition. 8. Perused the records and considered the submissions of the learned counsel for the parties. 9. There is no dispute that the mother of the petitioner was working as a Sheristedar in the Court of senior Civil Judge and JMFC, Hiriyur. She passed away leaving behind the petitioner and others as her legal representatives. After her demise, the petitioner submitted an application for appointment on the compassionate ground. The petitioner has submitted all the relevant documents as sought by the respondent. The respondent vide communication dated 20.08.2022, addressed to the Principal District and Sessions Judge, wherein the respondent has rejected the representation submitted by the - 9 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 petitioner in view of Rule 6(4) of the Karnataka Civil Services (Appointment on compassionate grounds) Rules, 1996. (hereinafter referred to as 'Rules, 1996') The Principal District Judge vide memo dated 27.08.2022 vide Annexure-H has communicated to the petitioner regarding the rejection of the representation submitted by the petitioner. 10. Admittedly, as of the date of filing an application for appointment on compassionate ground, the petitioner was a graduate and the said facts has been overlooked by the respondent at the time of appointment and also ignored the representation of the petitioner merely because the authorities have passed an order under Rule 6(4) of the Rules, 1996, on the ground that an appointment once made under this rule shall be final and no fresh appointment to a different post or higher post under this rule shall be permissible. The similar issue had come up before the Division Bench of this Court in the case of - 10 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 Director of Municipal Administration vs. H.N. Guruprasad reported in ILR 2009 Kar. 1462. The Hon'ble Division bench held in para 4, which reads as follows: "In our considered opinion, the above rule is not attracted to the facts of this case at all. If the authorities had overlooked the qualification the applicant already possessed at the time of his appointment and also ignored the representation of the applicant mainly because the authorities have passed an appointment order to a lower post, will not take away the right of the petitioner to claim the higher post. Therefore, in our considered opinion Rule 6(4) of the Karnataka Civil Services (Appointment on compassionate grounds) Rules, 1996 is not applicable to the facts of the present case." 11. The issue involved in the instant case is squarely covered by the order passed by the Division Bench. - 11 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 The respondent without considering the exposition of law laid down by the Division Bench of this court, has passed the impugned order. The impugned order passed by the respondent is contrary to the judgment passed by this Court. 12. In view of the above discussion, I proceed to pass the following order: ORDER i. The writ petition is allowed. ii. Memo dated 27.08.2022 vide Annexure-H, passed by the respondent is hereby set aside. iii. The respondent is directed to reconsider the representation of the petitioner in terms with the order passed by the Division bench of this Court in the case of Director of Municipal Administration vs. H.N. Guruprasad reported in ILR 2009 Kar. 1462. - 12 - HC-KAR NC: 2025:KHC:44714 WP No. 24331 of 2022 In view of the disposal of the main petition, pending IAs, if any, do not survive for consideration, and they are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV