- 1 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 9318/2019 (S-KSAT) C/W WRIT PETITION NO. 6522/2019 (S-KAT) IN WP NO. 9318/2019 BETWEEN: 1. SMT. G J HEMAVATHI AGED ABOUT 43 YEARS, D/O LATE JAYANNA WORKING AS EXECUTIVE OFFICER SRI MAHAGANAPATHI TEMPLE MALELSHWARAM, BANGALORE R/O NO.99, RAMA IYAR ROAD V V PURAM, BANGALORE-560027. 2. P A MARIRAJU AGED ABOUT 41 YEARS, S/O T M AVALAKONDAPPA WORKING AS EXECUTIVE OFFICER SRI VENKATARAMANASWAMY TEMPLE, BANGARATHIRUPATHI BANGARAPETE TLAUK KOLAR DISTRICT. 3. S R ARAVAND BABU AGED ABOUT 46 EYARS, S/O LATE RAMAKRISHNA WORKING AS EXECUTIVE OFFICER SRI LAKSHMI JANARDHANASWAMY & GROUP OF TEMPLES, MANDYA MANDYA DISTRICT. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 4. K N YOGISH AGED ABOUT 35 YEARS, S/O LATE K M NINGAPPA WORKING AS EXECUTIVE OFFICER, SRI KALASHESHWARASWAMY TEMPLE, KALASA, CHIKKAMAGALURU DISTRICT 5. SANNABASAVARAJU JEERGALA AGED ABOUT 35 YEARS, S/O LATE PARAPPA VEERABHADRAPPA JEERGALA, WORKING AS SUPERINTENDENT OFFICE OF THE EXECUTIVE OFFICER SRI RENUKA YALLAMMA TEMPLE SAVADATTI, BELAGAVI DISTRICT. 6. MAHAMAD ZEESHAN ALI KHAN AGED ABOUT 34 YEARS, S/O LATE FAYAZ KHAN SUPERINTENDENT OFFICE OF THE COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CHAMARAJPET BANGALORE. 7. SMT. K S MANGALAGOWRI AGED ABOUT 53 YEARS, W/ LATE K R SHANKARANARAYANA SUPERINTENDENT OFFICE OF THE COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, BANGALORE BANGALORE. 8. H GANGADHARAPPA AGED ABOUT 45 YEARS, S/O HULIYAPPA WORKING AS EXECUTIVE OFFICER SRI AMARESHWARA TEMPLE DEVARABOOPARA RAYACHUR DISTRICT. 9. M NARAYANASWAMY AGED ABOUT 42 YEARS, S/O LATE M MUNIYAPPA - 3 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 SUPERINTENDENT OFFICE OF THE EXECUTIVE OFFICER, SRI GHATI SUBRAMNAYA TEMPLE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. P.S. RAJAGOPAL, SR. ADV. FOR SRI K GOVINDARAJ, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT., REVENUE DEPARTMENT (MUZRAI), VIDHANA SOUDHA BANGALORE-560001. 2. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, II FLOOR, MALAI MAHADESWARA VARTHA BHAVAN ALUR VENKATARAO ROAD CHAMARAJPET BANGALORE-560018. 3. T KRISHNAMURTHY AGED ABOUT 39 YEARS, S/O LATE TIRUMALAIAH WORKING AS FIRST DIVISION ASSISTANT AT THE OFFICE OF THE SPECIAL OFFICER KARNATAKA STATE CHOULTRY TIRUMALA, A.P. …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1 & R2 SRI M.S. VENUGOPAL, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.01.2019 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.8785-8793 OF 2014, VIDE ANNX-A IN SO FAR AS TREATING THAT THE R-3 WAS APPOINTED AS SDA ON 07.06.2011 AND ORDERING CONSEQUENTIAL BENEFITS TO HIM; CONSEQUENTLY ALLOW THE - 4 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 APPLICATION NOS.8785-8793 OF 2014 FILED BY THE PETITIONERS BEFORE THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND ETC. IN WP NO. 6522/2019 BETWEEN: T. KRISHNAMURTHY S/O LATE THIRUMALAIAH, AGED ABOUT 41 YEARS WORKING AS FDA IN THE OFFICE OF THE SPECIAL OFFICER, KARNATAKA STATE CHOULTRY, TIRUMALA, ANDHRA PRADESH-517504 ...PETITIONER (BY SRI. VENUGOPAL M. S., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT. DEPAPRTMENT OF REVENUE (MUZARAI) VIDHANA SOUDHA, BANGALORE-560 001. 2. THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, II FLOOR, MALAI MAHADESHWARA VARTHA BHAVAN, ALUR VENKATARAO ROAD, CHAMARAJPET, BANGALORE-560 018. 3. SMT. G.J.HEMAVATHI D/O LATE JAYANNA, AGED ABOUT 44 YEARS WORKING AS EXECUTIVE OFFICER, SRI MAHAGANAPATHI TEMPLE, MALLESWARAM, BANGALORE, R/O NO.99, RAMA IYAR ROAD, V.V.PURAM, BANGALORE-560 027. - 5 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 4. P.A.MARIRAJU S/O T.M. AVALAKONDAPPA, AGED ABOUT 42 YEARS WORKING AS EXECUTIVE OFFICER, SRI VENKATARAMANASWAMY TEMPLE, BANGARUTHIRUPATHI, BANGARPET TALUK KOLAR DISTRICT - 563114. 5. S.R.ARAVIND BABU S/O LATE RAMAKRISHNA, AGED ABOUT 47 YEARS WORKING AS EXECUTIVE OFFICER, SRI LAKSHMI JANARDHANSWAMY & GROUP OF TEMPLES, MANDYA, MANDYA DISTRICT – 571 401. 6. K.N.YOGISH S/O LATE K.M.NINGAPPA, AGED ABOUT 36 YEARS WORKING AS EXECUTIVE OFFICER, SRI GOKARNESHWARASWAMY & GROUP OF TEMPLES, HARAPANAHALLI, DAVANAGERE DISTRICT-583131. 7. SANNABASAVARAJU JEERGALA AGED ABOUT 31 YEARS S/O LATE PARAPPA VEERABHADRA JEERGALA, WORKING AS SUPERINTENDENT, OFFICE OF THE DEPUTY COMMISSIONER, DHARWAD, DHARWAD DISTRICT-580001. 8. MAHAMAD ZEESHAN ALIK KHAN S/O LATE FAYAZ KHAN, AGED ABOUT 35 YEARS WORKING AS SUPERINTENDENT, OFFICE OF THE COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CHAMRAJPET, BENGALURU – 560 018. 9. SMT.K.S.MANGALAGOWRI W/O LATE K.R.SHANKARANARAYANA, AGED ABOUT 54 YEARS WORKING AS SUPERINTENDENT, - 6 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 OFFICE OF THE ASSISTANT COMMISSIONER, OFFICE OF THE COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BENGALURU, BANGALORE RURAL DISTRICT - 560066. 10. H.GANGADHRAPPA S/O HYLIYAPPA, AGED ABOUT 41 YEARS WORKING AS EXECUTIVE OFFICER, SRI AMARESHWARE TEMPLE, DEVARABOOPARA, RAICHUR DISTRICT -584101. 11. M.NARAYANASWAMY AGED ABOUT 43 YEARS WORKING AS SUPERINTENDENT, OFFICE OF THE EXECUTIVE OFFICER, GHATI SRI SUBRAMANYASWAMY TEMPLE, S.S.GHATI, DODDABALLAPUR TALUK, BENGALURU RURAL -560066. ...RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1 & R2 SRI P.S. RAJAGOPAL, SR. ADV. FOR SRI K GOVINDARAJ, ADV. FOR R3 TO R11) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.01.2019 PASSED BY THE KARANTAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.8785-8793/2014 AND TO RESTORE THE ORDER DATED 16.08.2014 PASSED BY THE R-1 AS ANNEXURE-A R2 AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 7 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) These two writ petitions are filed questioning the same order dated 19.01.2019 in Application Nos. 8785- 8793/2014 passed by the Karnataka State Administrative Tribunal (for short “Tribunal”). As such, both the writ petitions are taken up together and disposed of by this common order. 2. W.P.No.9318/2019 is by applicants before the Tribunal aggrieved by order dated 19.01.2019 passed by the Tribunal, whereunder a direction is issued to treat third respondent’s appointment as Second Division Assistant (for short ‘SDA’) while quashing the consequent promotion of third respondent during the pendency of the applicantion. 3. Whereas, W.P.No.6522/2019 is filed by third respondent before the Tribunal questioning the entire order dated 19.01.2019 in the above stated applications. - 8 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 4. Heard learned Senior Counsel Sri. P S Rajagopal on behalf of Sri. K Govindaraj, learned counsel for petitioners (Applicants) in W.P.No.9318/2019 and Sri. Venugopal M S, learned counsel for petitioner (Respondent No. 3) in W.P.No.6522/2019 and learned AGA Sri. K R Rajendra for respondent – State in both the writ petitions. The parties shall be referred to as they stood before the Tribunal. 5. At the outset, learned counsel for respondent No.3 before the Tribunal, Sri. Venugopal M S filed a memo dated 23.02.2026 seeking leave of this Court to withdraw the said writ petition and the memo reads as follows: “The petitioner submits that he is satisfied with the order passed by the Tribunal in A.No.8785- 8793/2014 and he withdraws the present writ petition in the interest of justice and equity.” In view of the above memo, W.P.No.6522/2019 filed by respondent No.3 before the Tribunal, is dismissed as withdrawn. - 9 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 6. Learned Senior Counsel Sri. P S Rajgopal appearing for applicants submits that the respondent No.3 before the Tribunal was ineligible for appointment on compassionate ground, since his father was not a Government servant within the meaning of “Government Servant” under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 and third respondent had no qualification of Bachelor’s Degree to appoint him as a First Division Assistant (for short ‘FDA’). Further, learned Senior Counsel would submit that the applicants were kept under suspension for having made a complaint against third respondent and moreover, he submits that the applicants had to undergo harassment and mental agony as departmental enquiry was also initiated against them at the instance of the third respondent. Therefore, he submits that as the third respondent’s father was not a Government servant and since third respondent had no qualification for appointment - 10 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 as FDA as on the date of making applications, he would not be entitled for any appointment on compassionate ground. 7. The main grievance of the applicants was that the third respondent had been placed above the applicants in the Final Seniority List of FDAs published on 10.07.2012 (Annexure-A1). Further, when the applicants were promoted to the cadre of superintendents, the third respondent had objected to their promotion on the ground that, ignoring his seniority, the applicants were promoted to the next higher cadre of superintendents. The Tribunal under the impugned order, taking note of the fact that the third respondent had no qualification for appointment as FDA as on the date of making application for appointment on compassionate ground, set aside the appointment of third respondent as FDA and directed the respondents- State to treat the appointment of third respondent as SDA as he had no qualification required for the post of FDA. 8. In view of the Tribunal’s impugned order treating the appointment of third respondent as SDA and - 11 - HC-KAR NC: 2026:KHC:11188-DB WP No. 9318 of 2019 C/W WP No. 6522 of 2019 as the third respondent has withdrawn his challenge to the impugned order passed by the Tribunal, the grievance of the applicants with regard to seniority disappears, as third respondent would be no more in the cadre of FDA as on the date of applicants’ promotion to the said cadre of FDA. If the third respondent’s appointment is to be treated as SDA, then the applicants cannot have any grievance against the third respondent. In the above circumstances, we decline to interfere with the order passed by the Tribunal and accordingly, W.P.No.9318/2019 stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 1 Sl No.: 23