- 1 - HC-KAR NC: 2025:KHC-D:13957 WP No. 102124 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102124 OF 2023 (S-RES) BETWEEN: SHRI. SALOMAN S/O. DAVID BACHALKURI, AGE: 19 YEARS, OCC: NIL, R/O: 5/8 P.K.QUATERS, ANANDWADI, SHAHAPUR, TQ AND DIST: BELAGAVI – 590 003. …PETITIONER (BY SRI. PRASAD PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY DIRECTORATE OF MUNCIPAL ADMINISTRATION AMBEDKAR ROAD, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, SAMPANGI RAMA NAGAR, BENGALURU KARNATAKA – 560 001. 2. THE DEPUTY COMMISSIONER, DISTRICT COURT COMPOUND, BELAGAVI – 590 001. 3. THE COMMISSIONER, CITY CORPORATION BELAGAVI, CTS NO. 4821/27A, RS NO. 1005, SUBHASH NAGAR, BELAGAVI – 590 016. …RESPONDENTS (BY SMT. KIRILATA R. PATIL, HCGP FOR R1, R2; SMT. SHWETA KULKARNI, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION IN RESPECT OF THE ORDER/COMMUNICATION PASSED BY THE RESPONDENT NO.1 DATED 15.02.2022 BEARING NO 660530/DIMAA/SIBANDI/2/SIJEA/1/2022, WHICH IS PRODUCED AT ANNEXURE –H AND ETC., RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.10.18 12:17:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13957 WP No. 102124 of 2023 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: (A) Writ in the nature of Mandamus or any other appropriate writ or Order or direction in respect of the order/Communication passed by the Respondent No.1 dated 15.02.2022 bearing no 660530/ DiMaA/ SiBaNDi/ 2/ SiJeA/ 1/ 2022, which is produced at Annexure –H. (B) Any other Writ/ Order/ Direction, which may be appropriate in the facts and circumstances of the case may be passed in the interest of justice and equity. 2. The father of the petitioner was working as Poura-Karmika, dies in harness on 29.10.2020. Pursuant to the death of the sole breadwinner of the family, the petitioner submits a representation to respondent No.3 seeking appointment on compassionate grounds. The application of the petitioner seeking appointment on compassionate grounds comes to be rejected on the score that the petitioner ought to have attained majority in terms of the rules which the petitioner has not. Therefore it comes - 3 - HC-KAR NC: 2025:KHC-D:13957 WP No. 102124 of 2023 to be rejected. This is what has driven the petitioner to this Court in the subject petition. 3. Learned counsel appearing for the petitioner submits that the rule presently in subsistence or as on the date of the submission of the application was a minor should attain majority within two years from the date of death. It is only then such cases for compassionate appointment can be considered. Learned counsel submits that the date of death of the father of the petitioner was 29.10.2020 and two years time was available from 29.10.2020 and the application is made long before the expiry of two years which was on 30.11.2020. He would submit that the rejection is on the face of it is erroneous. 4. Learned HCGP would vehemently refute the submission in contenting that the petitioner was a minor at the time of submission of the application and therein the amendment with regard to the time limit in which the application should be permitted comes about only in the year 2022 and the date of death of the sole breadwinner is - 4 - HC-KAR NC: 2025:KHC-D:13957 WP No. 102124 of 2023 in the year 2020. On the aforesaid score seek dismissal of the petition. 5. I have given my anxious consideration to the submissions of the learned counsel for parties and have perused the material on record. 6. The afore-narrated facts are not in dispute. The father of the petitioner, who was working as a Poura- Karmika dies in harness on 29.10.2020. The petitioner submits an application seeking appointment on compassionate grounds, at which point in time the petitioner was 17 years old. The endorsement comes to be issued rejecting the said claim on the score that the petitioner has not attained majority within two years from the date of death as is necessary under the rules. The petitioner at the time of submission of the application was 17 years old. The application is submitted on 30.11.2020. 7. The records would clearly reveal that the petitioner had submitted a representation seeking - 5 - HC-KAR NC: 2025:KHC-D:13957 WP No. 102124 of 2023 appointment on compassionate grounds. At the outset on 30.11.2020 and on attaining the age of 18 years, the petitioner has submitted another application on 05.08.2022 in light of the amendment to the rules, which earlier depicted that one should attain majority within one year is now extended to two years. 8. In that light, the petition deserves to succeed with a direction to respondent to consider the case of the petitioner in accordance with law and pass necessary orders thereon. 9. With aforesaid reasons, the following: ORDER (i) The petition stands disposed of. (ii) The order / Communication dated 15.02.2022 passed by respondent No.1 vide Annexure-H stands quashed. (iii) The respondents are directed to consider the case of the petitioner for appointment - 6 - HC-KAR NC: 2025:KHC-D:13957 WP No. 102124 of 2023 of compassionate grounds inconsonance with law bearing in mind the observations made in the course of the order within 12 weeks from the date of the receipt of the copy of the order. Sd/- (M.NAGAPRASANNA) JUDGE VNP & RHR / CT-ASC List No.: 1 Sl No.: 111