- 1 - HC-KAR NC: 2026:KHC-D:400 WP No. 100612 of 2025 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.100612 OF 2025 (S-RES) BETWEEN: ZAHEDA @ TAHERA D/O. LATE MOHAMMAD IQBAL GOUNDI, AGE: 22 YEARS, OCC: NIL, R/O. H.NO. 106, TAJNAGAR, UNKAL, HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. SADIQ N.GOODWALA, ADVOCATE) AND: 1. THE GENERAL MANGER (ADMN AND HRD) CORPORATE OFFICE, HESCOM, NAVANAGAR, HUBBALLI, DIST: DHARWAD. 2. THE SUPERINTENDENT ENGINEER (EL) O AND M CIRCLE, HESCOM, VJAYAPUR. 3. THE EXECUTIVE ENGINEER (EI) O AND M URBAN DIVISION, HESCOM, INDI, DIST: VIJAYAPUR. 4. THE CHIEF ENGINEER (EI) O AND M ZONE, HESCOM, BELAGAVI. …RESPONDENTS (BY SRI. PRASHANT S.KADADEVAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED 19.09.2024 PASSED BY RESPONDENT NO.2 IN NO. VJP/AA(VE)/ULENI/ HISA(C)/2024-25/4106-10 VIDE ANNEXURE-H AND TO DIRECT RESPONDENT NO.2 AND 3 TO APPOINT PETITIONER ON COMPASSIONATE GROUND ON DEATH OF HER FATHER MOHAMMAD IQBAL WHO WAS A EMPLOYEE, HESCOM, VIJAYAPUR, IN THE INTEREST OF JUSTICE AND EQUITY. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.29 10:42:31 +0530 - 2 - HC-KAR NC: 2026:KHC-D:400 WP No. 100612 of 2025 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 ORAL ORDER 1. The petitioner has called in question the impugned order dated 19.09.2024 passed by respondent No. 2, whereby the application filed by the petitioner seeking compassionate appointment has been rejected on the ground that the petitioner was aged 15 years, 10 months and 17 days at the time of filing the application. 2. Brief facts: 2.1. The father of the petitioner, one Mohammad Iqbal Goundi, died during employment. A compromise petition was filed in O.S.No.715 of 2016 and a compromise decree was drawn on 18.12.2021. After the disposal of the suit in O.S.No.715 of 2016, the petitioner made applications/ representations on 25.01.2022, 28.01.2022 and - 3 - HC-KAR NC: 2026:KHC-D:400 WP No. 100612 of 2025 09.02.2022 seeking appointment on compassionate grounds. The applications of the petitioner came to be rejected on the ground that there was a delay of 1 year and 11 months in filing the applications. The same was challenged before this Court in W.P.No.102662 of 2023 and this Court, by an order dated 15.02.2024, set- aside the endorsement and directed the respondents to consider the case of the petitioner for appointment on compassionate grounds on its merits. 2.2. Pursuant to the order passed, which has attained finality, respondent No.2 has issued an endorsement stating that the application filed by the petitioner was when he was aged about 15 years, 10 months and 17 days and, therefore, the same cannot be considered, and rejected the case of the petitioner. - 4 - HC-KAR NC: 2026:KHC-D:400 WP No. 100612 of 2025 3. Learned counsel for the petitioner submits that respondent No. 2 had earlier rejected the application on the ground that there was a delay of 1 year and 11 months, which was challenged in Writ Petition No.102662/2023, and the coordinate Bench of this Court has held that the application is in time and directed the respondent to consider the application on its merits. When this was the fact, the respondents could not have rejected the application of the petitioner on one or the other grounds, which is total abuse of process of law. 4. Per contra, the learned counsel appearing for the respondents justifies the impugned order and submits that the same does not warrant any interference. 5. It is undisputed that respondent/authority, on the application made by the petitioner for appointment on compassionate grounds on 31.02.2017, had replied that the appointment would be considered after - 5 - HC-KAR NC: 2026:KHC-D:400 WP No. 100612 of 2025 disposal of O.S.No.715 of 2016. In O.S.No.715 of 2016, a settlement was arrived at and a compromise decree was drawn on 18.12.2021, wherein the Trial Court directed the department to comply with the terms of the compromise decree. The application filed by the petitioner came to be rejected on 01.03.2023 on the ground that there was a delay of 1 year and 11 months in filing the application. The said endorsement was challenged in W.P.No.102662/2023, and this Court, at paras 8 and 9, has held as under: “8. In the light of the undisputable fact that HESCOM was a party to the suit instituted by Smt.Anwarbi in O.S.No.715/2016 and in which the claim for service benefits was also the subject matter and HESCOM by itself had informed the petitioner and her family members that the claim would be considered after the disposal of the suit, the impugned endorsement, refusing the claim on the ground that the claim for appointment on compassionate ground was belated, cannot be sustained. 9. Accordingly, the impugned order is quashed and the respondents are directed to consider the case of the petitioner for appointment on compassionate ground on the premise that, the same has been made within time. The consideration of the application dated 21.04.2022 shall be made on merits and appropriate orders be passed within a - 6 - HC-KAR NC: 2026:KHC-D:400 WP No. 100612 of 2025 period of three months from the date of receipt of copy of this order.” emphasis supplied. 6. This Court has held that rejection of the claim for appointment on compassionate grounds as belated cannot be sustained and directed the respondents to consider the same on its merits and pass appropriate orders. By the impugned order, respondent No.2 has rejected the application on another ground that application filed by the petitioner was at the age of 15 years, 10 months and 17 days. The impugned endorsement is unsustainable. 7. Hence, the following: ORDER i. Writ petition is allowed. ii. The impugned order dated 19.09.2024 passed by respondent No.2 (Annexure-H) is hereby quashed. - 7 - HC-KAR NC: 2026:KHC-D:400 WP No. 100612 of 2025 iii. The respondents are directed to reconsider the matter on its merits about appointment of the petitioner on compassionate ground on the death of her father Mohammad Iqbal, who was a employee of HESCOM, Vijayapur, in accordance with law within a period of four weeks from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 3