- 1 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100065 OF 2026 (S-R) BETWEEN: SRI. SHIVAKUMAR S/O. H. RAMAJANEYULU AGE: 35 YEARS, OCC: UNEMPLOYED, R/O. 4TH WARD ISR ROAD, NEAR JABBAR CIRCLE, GANDHI NAGAR, HOSPETE 583201, VIJAYANAGARA DISTRICT. …PETITIONER (BY SMT. POOJA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU 560001. 2. DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH AND 10TH FLOOR VISHVESHWAAH TOWER AMBEDKAR ROAD, SAMPANGI RAMA NAGAR, VASANTH NAGAR, BENGALURU KARNATAKA 560001. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:01 +0530 - 2 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 3. THE DEPUTY COMMISSIONER VIJAYANAGA DISTRICT. 4. THE POURAYUKTA NAGARASABHE HOSAPETE 583201 VIJAYANAGARA DISTRICT. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R3; SRI. SHIVARAJ BALLOLI, ADVOCATE FOR R4 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED COMMUNICATION BEARING NO.GI NA KO VI/SIBBANDHI-3/CR-89/2022-23 DATED 16.08.2025 (ANNEXURE-J) ISSUED BY RESPONDENT NO.3, AS BEING ILLEGAL, ARBITRARY AND CONTRARY TO LAW 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 - 3 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 ORAL ORDER The petitioner has called in question the impugned communication dated 16.08.2025 (Annexure-J) issued by respondent No.3-Deputy Commissioner Vijayanagar District, whereby the proposal for compassionate appointment was retune on the ground that the petitioner is not entitled for such appointment. Consequently, the petitioner seek writ of mandamus directing the respondent to consider his claim for compassionate appointment under Rule 3A of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, “the Rules, 1996”). 2. Brief facts: The father of the petitioner was working as a permanent Pourakarmika in Hosapete Nagara Sabha. While discharging his official duties, he suffered a chemical injury to his eyes, resulting in 100% permanent visual disability, which has been certified by the Medical Board. On basis of such certification, he was relived from service on medical - 4 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 ground. Thereafter, the petitioner made an application seeking appointment on compassionate ground by producing all relevant records. 3. Learned counsel for the petitioner contends that the impugned communication dated 16.08.2025, is wholly contrary to Rule 3A of the Rules, 1996, which specifically provides for compassionate appointment to the dependant of a Government servant who is retired on medical grounds due to permanent incapacitation incurred while on duty. It is submitted that all statutory requirements under Rule 3A of Rules 1996 are satisfied, yet the authority rejected the claim without adverting the said provision. 4. Learned Additional Government Advocate for the respondents-State sought to justify the impugned communication. 5. Rule 3-A of the Rules, 1996, was substituted by Notification No.DPAR 46 SCA 2012 dated 07.08.2014, - 5 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 (w.e.f. 07.08.2014). Rule 3A of the Rules, 1996, reads as follows: “3-A. Appointment of dependents of Government servant retired on medical grounds.-(1) Without prejudice to the generality of these rules, dependent of the Government Servant retired on medical grounds due to permanent incapacitation shall be eligible for appointment on compassionate grounds subject to the following conditions, namely. (a) Permanent incapacitation should have incidentally occurred while on duty/at the time of performing the duties of the post held by the Government Servant; (b) It should be only on account of public service that too while on duty/while discharging the responsibility assigned to the post; (c) The words "while on duty" includes his journey to and from his place of residence to the place of work; (d) The Government Servant is eligible to get pension under the Karnataka Civil Service (Extraordinary Pension) Rules, 2003; (e) Certification by the Medical Board that the Government Servant is not fit to perform any duty is necessary: Provided that appointment of dependent of a Government Servant under this clause can be made by the Government in exceptional cases, only after the Head of the Department in which the Government Servant was working, after examining the above conditions, certifies that the services of the Government Servant cannot be utilized in any other post in the Department due to the disability acquired by him while performing his official duty: - 6 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 Provided further that no dependent of any Government Servant who retires from service on medical grounds with the benefit of invalid persion under Rule 273 of the Karnataka Civil Services Rules or who takes voluntary retirement on medical grounds with the benefit of tetiring pension under Rule, 285 of the Karnataka Civil Services Rules because of incapacitation due to (a) Common illness or any other progressive diseases or disorders, etc. (b) Accidents/incidents which occur while not on duty is eligible to seek compassionate appointment under these rules.]” 6. A plain reading of the Rule makes it clear that where a Government servant suffers permanent incapacitation while on duty and is retired on medical ground, his dependants becomes eligible for consideration for appointment on compassionate grounds subject to fulfillment of conditions enumerated therein. In the present case, it is undisputed that (i) the disability suffered while on duty; (ii). The disability is 100% permanent, as certified by the medical board and (iii). the petitioner’s application was submitted after Rules 3A had come into force. - 7 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 7. However, the impugned commutation does not advert Rule 3A and proceeds to reject the proposal without examining the statutory mandate, such order cannot be sustained. Accordingly, for the foregoing reasons, this Court pass the following; ORDER i. The writ petition is allowed. ii. The impugned communication dated 16.08.2025 (Annexure-J), issued to respondent No.3 is hereby quashed. iii. A mandamus is issued. Respondent No.3 is directed to reconsider the petitioner’s claim for grant of compensation appointment in accordance with Rule 3A of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 and pass appropriate order in accordance whit law within six - 8 - HC-KAR NC: 2026:KHC-D:814 WP No. 100065 of 2026 weeks from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA AM/- List No.: 1 Sl No.: 23