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2026 DAILYLAW 52261 (KAR)

MAHESH BABU KANDARI S/O ANIL KUMAR KANDARI v. KARNATAKA POWER CORPORATION LIMITED (KPCL)

WP/100235/2026 · 2026-01-14

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:428 WP No. 100235 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100235 OF 2026 (S-RES) BETWEEN: MAHESH BABU KANDARI S/O. ANIL KUMAR KANDARI, AGE: 22 YEARS, OCC: SERVICE, R/O. KUDATHINI, TQ: BALLARI, DIST: BALLARI-583115. …PETITIONER (BY MISS. SANJANA S.MUDHOL, ADVOCATE) AND: KARNATAKA POWER CORPORATION LIMITED (KPCL), BELLARY THERMAL POWER STATION (BPTS), KUDATHINI, TQ: BALLARI, DIST: BALLARI-583152, REP. BY. EXECUTIVE DIRECTOR. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION DATED 14.02.2014, 30.01.2024, 15.12.2025 VIDE ANNEXURE-B, ANNEXURE- C, ANNEXURE-D SUBMITTED TO THE RESPONDENT AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.03 10:48:54 +0530 - 2 - HC-KAR NC: 2026:KHC-D:428 WP No. 100235 of 2026 ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus to direct the respondent-Karnataka Power Corporation Ltd., and its Bellary thermal Power Station to consider his representations dated 14.02.2014, 30.01.2024 and 15.12.2025 for appointment on compassionate grounds. 2. Brief facts; The ancestral land of the petitioner's family was acquired for establishment of the Bellary Thermal Power Station. One Sri Ramesh K., member of the family was appointed under the landlord's category on 18.09.2007. He died in harness on 15.07.2009, unmarried and without children. At the time of his death, the petitioner was a minor. The petitioner's grandfather submitted representation in 2014 seeking compassionate appointment in favour of the petitioner. Thereafter, the petitioner's father submitted further representations in 2024-25 reiterating the - 3 - HC-KAR NC: 2026:KHC-D:428 WP No. 100235 of 2026 same request. As the said representations were not considered, the present writ petition has been filed. 3. Learned counsel for the petitioner contends that the death of Ramesh K., has resulted in financial hardship to the family, particularly since the family land was acquired for the project. It is submitted that the land belongs to the family of the deceased employee, appointed under the land loosers category and is therefore entitled to compassionate appointment. It is further submitted that the respondents have failed to consider the representations for several years, which is arbitrary and a writ of mandamus is sought seeking direction to respondents to consider the representations and provide compassionate appointment to the petitioner. 4. Upon careful consideration of the submission, this Court finds that there is no merit in the writ petition for the following reasons: - 4 - HC-KAR NC: 2026:KHC-D:428 WP No. 100235 of 2026 i. Compassionate appointment is not a matter of right but exception to the general rule of recruitment, intended only to provide immediate support to the family of a deceased employee to tie over sudden financial crisis. It cannot be claimed as a vested right. ii. The employee concerned died in the year 2009. The first representation was made only in 2014, and subsequent representations were made after long lapse of time in 2024-25. Such belated claims defeat the very object of compassionate appointment, which is to provide immediate relief. iii. The petitioner's claim is based on the extended family relationship, which is not automatically recognized under the scheme. The petitioner would be entitled, if the petitioner was a dependent member of the deceased - 5 - HC-KAR NC: 2026:KHC-D:428 WP No. 100235 of 2026 employee's family in the strict sense contemplated under the compassionate appointment scheme. iv. A writ of mandamus can be issued only when there exist a legal right in favour of the petitioner and corresponding legal duty on the respondents. In the absence of statutory or policy based right to claim compensation of compassionate appointment after such a long delay, no mandamus can be issued. 5. For the aforesaid reasons, this Court finds and holds that the petitioner has failed to make out a case for interference. Accordingly, the writ petition is dismissed as devoid of merits. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 31