HC-KAR NC: 2026:KHC:5816-DB WA No. 1058 of 2025 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1058 OF 2025 (S-RES) BETWEEN: 1. SMT. KOUSALYA WIFE OF LATE B.S.BOREGOWDA, AGED ABOUT 51 YEARS, 2. SRI. PRATHAP.B. SON OF LATE B.S.BOREGOWDA, AGED ABOUT 26 YEARS, BOTH ARE RESIDING AT NO.93, 3RD CROSS, 1ST MAIN, DODDABIDARAKALLU, BYRAVESHWARA LAYOUT, BANGALORE – 560 073. …APPELLANTS (BY SRI. C.ANANTHA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, VIDHANA SOUDHA, AMBEDKAR ROAD, BENGALURU-560 001. HC-KAR NC: 2026:KHC:5816-DB WA No. 1058 of 2025 - 2 - 2. THE KARNATAKA STATE MARKETING COMMUNICATION, AND ADVERTISING LTD., A GOVT., OF KARNATAKA UNDERTAKING REPRESENTED BY ITS MANAGING DIRECTOR, MC AND A HOUSE, NO.42, MILLERS ROAD, BENGALURU-560 052. …RESPONDENTS (BY SRI. MOHAMMED JAFFER SHAH., AGA FOR R1; SRI. T.P.VIVEKANANDA., ADVOCATE FOR R2) *** THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No.26779/2023 DATED 10.02.2025, BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra-Court appeal has been filed impugning the order dated 10.02.2025 passed by the learned Single Judge in Writ Petition No.26779/2023(S- RES), by the appellants. HC-KAR NC: 2026:KHC:5816-DB WA No. 1058 of 2025 - 3 - 2. The parties are referred to as per their ranking before the Writ Court, for the sake of convenience. 3. The husband of petitioner No.1 and father of petitioner No.2, deceased B.S. Boregowda was working as an “Attender” in the second respondent, a State Government Undertaking. Unfortunately, he died on 23.12.2015 in harness. The first petitioner, the mother of the second petitioner had moved an application on 12.01.2016, seeking compassionate appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 [hereinafter referred to as the “Rules”], as the first petitioner was not found eligible for compassionate appointment. The second petitioner, who was minor, at the time of the death of his father on 23.12.2015, attained the age of majority on 27.04.2017 and he has made an application even before the date he attained majority on 12.01.2016. HC-KAR NC: 2026:KHC:5816-DB WA No. 1058 of 2025 - 4 - 4. The second petitioner’s application for appointment on compassionate basis had been rejected on the ground that he did not attain the age of majority within a period of one year from the date of death of his father. 5. The Government itself finding Rule 5 of the Rules, harsh, has amended the said Rules with effect from 09.04.2021 and a proviso has been added whereby two years’ time has been prescribed for the dependent minor of the deceased employee to attain the age of majority for being eligible to be appointed on compassionate ground. In this case, the second petitioner attained the age of majority within four months from one year of the death of his father. When a minor would attain the age of majority is cannot be pre-poned. The Rules are to provide the financial stability to the bereaved family of the deceased and should not operate in an inequitable manner. Unless and until there is considerable delay in attaining the age of majority, some delay should always be condoned. Considering the Rule 5 of the Rules to be harsh, the HC-KAR NC: 2026:KHC:5816-DB WA No. 1058 of 2025 - 5 - Government has added the proviso to Rule 5 to include for a relaxation in the eligibility conditions. 6. There is no dispute with the fact that the second petitioner is otherwise eligible to be given compassionate appointment under the Rules. In addition, the second petitioner had made an application as his mother was found ineligible, though she had made the application on time. His application has been rejected only on the ground that he has attained the age of majority in four months after the one year period for filing the application has expired under the Rules which is to be calculated from the date of the death of his father. The contention of the respondent is that as the un-amended Rule 5 was operating on the said date, the second petitioner ought to have attained the age of majority within a period after one year from the date of death of his father. However, clearly the second petitioner could not expedite his attaining the age of majority within one year from the date of death of HC-KAR NC: 2026:KHC:5816-DB WA No. 1058 of 2025 - 6 - his father. This was the only ground for his non-eligibility for the compassionate appointment. 7. The Compassionate Rules, 1996, are, a kind of, beneficiary legislation to come to the aid of the bereaved family whose bread earner has unfortunately died in harness. Therefore, considering the aforesaid facts and also taking into account that within four months after one year from the date of death of his father, the second petitioner had attained the age of majority, we direct the second respondent to reconsider the application of the second petitioner condoning the delay of four months in attaining the age of majority by the second petitioner. We make it clear that we have passed this order considering the facts and circumstances of the present case and this shall be not treated as a precedent in future. 8. With the aforesaid direction, we dispose of this writ appeal. It is needless to say that the reconsideration of the HC-KAR NC: 2026:KHC:5816-DB WA No. 1058 of 2025 - 7 - application of the second petitioner be made within a period of two months from today, as directed above. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BMV* List No.: 2 Sl No.: 14 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA