- 1 - HC-KAR NC: 2025:KHC:29891-DB WA No. 787 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 787 OF 2024 (S-RES) BETWEEN: 1. NIVEDITHA N.M., D/O. LATE MAHALINGAPPA N.R., AGED ABOUT 28 YEARS, RESIDING AT No. 830/40, "BENAKA", 14TH CROSS, VIDYANAGAR, DAVANAGERE - 577 005. …APPELLANT (BY SRI PRAKASH SHETTY S., ADVOCATE) AND: 1. CANARA BANK 6648, 112, J.C. ROAD, R.B., HALSURUPETE, NAGARATHPETE, BENGALURU, KARNATAKA - 560 001, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. THE SENIOR MANAGER CANARA BANK, SME BRANCH, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29891-DB WA No. 787 of 2024 HADADI ROAD, DAVANAGERE - 577 005. 3. DEPUTY GENERAL MANAGER HRM SECTION, CANARA BANK, HUBLI, DHARWAD DISTRICT, KARNATAKA STATE. …RESPONDENTS (BY SRI T.P. MUTHANNA, ADVOCATE) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ISSUE WRIT, ORDER OR DIRECTION TO SET ASIDE THE ORDER DATED 21.02.2024 MADE IN W.P. 10064/2022 PASSED BY THE LEARNED SINGLE JUDGE AND GRANT RELIEFS AS SOUGHT IN W.P.No.10064/2022 AND GRAND SUCH OTHER RELIEF AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:29891-DB WA No. 787 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard learned counsel appearing on either side. 2. It is pertinent to note that in this case that, though the application has been made immediately after the death of the petitioner's father seeking compassionate appointment, no orders have been passed on the said application by the Bank. 3. Learned counsel for the appellant submits that the question whether the appellant was entitled to compassionate appointment or not had to gain the attention of the Bank and what is open to this Court is only a judicial review of the decision taken by the Bank. In the instance case, the learned counsel submits that the question whether the petitioner, who is a married daughter of the deceased, was dependent on the deceased or not and whether the financial situation of the family - 4 - HC-KAR NC: 2025:KHC:29891-DB WA No. 787 of 2024 permitted grant of the request for compassionate appointment, had to be considered by the Bank. 4. However, such consideration had not occurred and the prayer in the writ petition was only for consideration of the claim of the Bank. It is submitted that the learned Single Judge by relying on the decisions of the Hon'ble Apex Court held that the petitioner is not entitled for appointment. 5. Learned counsel appearing for the respondents- Bank on the other hand, contends that the relevant aspects of the matter have been considered by the learned Single Judge. However, we are of the opinion that since the application was preferred by the appellant-petitioner immediately after the death of appellant-petitioner's father and since no orders have been passed on the application, it is for the bank to take a decision on the request made by the appellant-petitioner taking note of the factual aspects of the matter. The fact that the appellant- - 5 - HC-KAR NC: 2025:KHC:29891-DB WA No. 787 of 2024 petitioner is a married daughter itself will not stand in the way of the consideration of the application. However, the question of dependency as well as the financial means of the family would definitely be a matter that the bank can consider on merits. In the above view of the matter, ORDER (i) This appeal is allowed. (ii) The judgment dated 21.02.2024 passed by the learned Single Judge in W.P.No.10064/2022, is set aside. (iii) The writ petition is ordered directing the Bank to consider the application of the petitioner and pass appropriate orders thereon, after affording an opportunity for personal hearing to the writ petitioner as well within two months. - 6 - HC-KAR NC: 2025:KHC:29891-DB WA No. 787 of 2024 (iv) All questions are left open to be decided by the Bank. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 17