- 1 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4910 OF 2022 (S-RES) BETWEEN: SHILPA S D/O LATE SHIVANNA S, AGED ABOUT 34 YEARS, W/O SRI HARSHAVARDHANA, R/AT NO.406, 4TH MAIN ROAD, B S K IST STAGE, BENGALURU- 560 050 …PETITIONER (BY SRI. N.DEVARAJ., ADVOCATE) AND: 1. EXECUTIVE ENGINEER (V) BESCOM HEBBALA DIVISION, YELAHANKA, BENGALURU- 560 064 2. MANAGING DIRECTOR BESCOM CORPORATE OFFICE, K R CIRCLE, BENGALURU- 560 001 …RESPONDENTS (BY SRI. SANJEEV B L., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 24.04.2021 AND 10.01.2022 AT ANNEXURE D AND F OF R-1 AND DIRECT THE R-1 AND 2 TO PROVIDE EMPLOYMENT TO THE PETITIONER ON COMPASSIONATE GROUNDS AND PASS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 SUCH OTHER ORDER AS DEEM FIT AND PROPER VIDE ANENXURE-D AND F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This writ petition is filed seeking for the following prayer: “to quash the order dated 28.04.2021 and 10.07.2022 at Annexures – D and F of respondent No.1 and direct the respondent No.1 and respondent No.2 to provide employment to the petitioner on compassionate grounds and pass such other order as deem fit and proper in the interest of justice and equity.” 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioner’s father, one Shivanna.S passed away on 24.09.2020 due to COVID-19, while he was in service. On 09.04.2021, the petitioner tendered her representation - 3 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 to the Executive Engineer (V), BESCOM, Hebbal Division, Bengaluru, seeking an employment on the compassionate ground. The petitioner’s mother gave a consent letter for giving employment to the petitioner on compassionate ground. The Executive Engineer (V), BESCOM, Hebbal Division, Bengaluru issued an endorsement, rejecting the representation of the petitioner on the ground that she is a married daughter of Late Shivanna who died while in service. 3. The petitioner again gave a second representation to the Executive Engineer (V), BESCOM, seeking employment on compassionate ground referring the Rules for appointment on compassionate ground. The Executive Engineer (V), BESCOM, once again rejected the request of the petitioner on 10.07.2022. Hence, this writ petition. 4. Heard the learned counsel for the petitioner and the learned counsel for the respondents. - 4 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 5. Learned counsel for the petitioner submits that the father of the petitioner was passed away on 24.09.2020, and after his demise, the petitioner being the daughter, submitted a representation seeking appointment on compassionate ground. The respondent - Executive Engineer (V), BESCOM, issued an endorsement rejecting the representation of the petitioner. In the meanwhile, the Rules for compassionate appointment were amended. Thereafter, again a representation / application for appointment on compassionate ground, was submitted by the petitioner. The same was rejected, vide order dated 10.07.2022, Annexure-F. 6. Learned counsel submits that the Rules of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021 (hereinafter referred to as ‘Rules’) had a retrospective effect i.e., w.e.f. 09.04.2021 and he submitted that the petitioner has submitted an application on 09.04.2021. As of the date of submitting an application, the petitioner was eligible for - 5 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 appointment on compassionate ground. He submits that the married daughters are entitled for appointment on compassionate ground, in view of the Amended Rules dated 09.04.2021. The said aspect was not properly considered by the Executive Engineer (V), BESCOM. The order rejecting the application / representation is contrary to the said Rules. Hence, on these grounds, he prays to allow the writ petition. 7. Per contra, learned counsel for the respondent submit that the father of the petitioner passed away on 24.09.2020 though the application/ representation was submitted by the petitioner on 09.04.2021, as of the date of death of the petitioner’s father, the married daughters were not eligible for the post for appointment on compassionate ground, thus, the endorsement issued by the respondent is in accordance with law. Hence, on these grounds, he prays to dismiss the writ petition. 8. Perused the records and considered the submissions of the learned counsel for the parties. - 6 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 9. It is an undisputed fact that the father of the petitioner was working in the respondent - corporation and he passed away on 24.09.2020 leaving behind the petitioner as his Legal Heir. The mother of the petitioner submitted a consent letter to the Executive Engineer (V), BESCOM, stating that she has no objection to appoint the petitioner on compassionate ground. The petitioner submitted a representation on 09.04.2021, requesting the respondents to appoint the petitioner on compassionate ground. The respondents have rejected the representation on the ground that the petitioner is a married daughter of deceased Shivanna.S. The petitioner has produced the Amended Rules which came into effect from 09.04.2021. 10. Admittedly the petitioner submitted an application on 09.04.2021. On a perusal of the Amended Rules it discloses that the married daughter is entitled for appointment on compassionate ground. The respondent could have considered the representation of the petitioner - 7 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 for appointment on compassionate grounds as per the Rules. 11. The petitioner has produced the Rules. Though the Rules were framed on 08.11.2021, the said Rules had come into effect from 09.04.2021. As of the date of the amended rules, the application was filed. Hence, the petitioner is eligible for the appointment on compassionate grounds as per the Amended Rules. The said aspect was not considered by the respondents and had committed an error in rejecting the representation. The impugned endorsement passed by the respondent is contrary to the Amended Rules, dated 09.04.2021. Thus, the matter requires reconsideration by the respondents. 12. In view of the above discussion, the writ petition is allowed. The impugned endorsements dated 28.04.2021 and 10.07.2022 vide Annexures – D and F are hereby quashed. The respondents are directed to reconsider the application / representation for appointment of the petitioner on compassionate grounds - 8 - HC-KAR NC: 2025:KHC:52299 WP No. 4910 of 2022 and pass the appropriate orders in accordance with law in terms of the Amended Rules-2021, within eight weeks from the date of receipt of the copy of this order. Pending I.As, if any, disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE JJ List No.: 1 Sl No.: 34