- 1 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.103716 OF 2024 (S-RES) BETWEEN: CHIDANAND S/O. YALLAPPA BALAGANUR AGE: 42 YEARS, OCC: NIL, R/O. 6TH CROSS, OPP. BHATKO CHAWL, GANDHI NAGAR, SETTLEMENT, BETAGERI-582102. …PETITIONER (BY MISS. SEEMA S.NAIK, ADVOCATE) AND: 1. THE UNION OF INDIA BY ITS PRINCIPLE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NEW DELHI. 2. THE COMPANY SECRETARY AND AVP (CAS) CORPORATE HEAD OFFICE, HLL (INDUSTAN LATICS LIMITED) LIFE CARE LIMITED, HLL BHAVAN, POOJAPPURA, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.30 10:48:08 +0530 - 2 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 TIRUVANANTAPURAM-695012, KERALA, INDIA. 3. THE CENTRAL PUBLIC INFORMATION OFFICER, CORPORATE HEAD OFFICE, HLL (HINDUSTAN LATICS LIMITED) LIFE CARE LIMITED, HLL BHAVAN, POOJAPPURA, TIRUVANANTAPURAM-695012, KERALA, INDIA. 4. THE UNIT CHIEF HLL LIFE CARE LIMITED KANAGAL, BELAGAVI-591225. 5. THE HR (HUMAN RESOURCES DEPT) HLL LIFE CARE LIMITED KANAGAL, BELAGAVI-591225. …RESPONDENTS (BY SRI. M.B.KANAVI, ADVOCATE FOR R1; SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R4; NOTICE TO R2, R3 TO R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE IMPUGNED ORDER/LETTER DATED 07.12.2021 AT ANNEXURE-B IN NO.5 IN NO.HL/BG/HR/PL/2021-1573 AND ANNEXURE-B1 DATED 07.07.2022 IN NO.HL/BG/HR/ PL/2022-631 ISSUED BY RESPONDENT NO.5 AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 ORAL ORDER This petition is filed calling in question the endorsement dated 07.12.2021 (Annexure-B) and subsequent communication dated 07.07.2022 (Annexure- B1) issued by Respondent No.5-HLL Life Care Limited, whereby the request of the petitioner for appointment on compassionate ground under the Dying in Harness Scheme was rejected, and for consequential direction, to appoint the petitioner to the post held by his deceased sister. Brief Facts : 2. The petitioner is a brother of late Smt.Bharati by Malage, who was working as a permanent employee with respondent No.5 and who died in harness on 28.01.2019. The said employee herself had secured appointment on compassionate ground on the demise of her husband. After her death a civil court decree dated 17.01.2020 in O.S.No.182/2019 declared the petitioner, her siblings and mother as legal heir of the deceased employee. - 4 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 3. Based on the said declaration, the petitioner submitted an application dated 04.10.2021 seeking compassionate appointment. The said request was rejected by the impugned endorsement on the ground that the petitioner does not fall within the definition of “dependent”, upon the prevailing “Dying in Harness Scheme”. Aggrieved, the petitioner has approached this Court. 4. Learned counsel appearing for the petitioner contends that the petitioner is a physically handicapped and unemployed person and was dependent upon the deceased employee. It is urged that the civil court decree declaring him as a legal heir ought to have been taken into consideration for compassionate appointment. 5. It is contended that the impugned order is arbitrary and non-speaking. Reliance is placed on the decision of this court in case of Smt.Mantavva and another Vs. The Divisional Controller K.K.R.T.C - 5 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 Ballari1 (“Mantavva”), contending that even a brother can be considered for compassionate appointment if it proved that he is a “dependent”. It is further contended that refusal to furnish the Scheme under the RTI Act vitiates the decision making process. 6. Per contra, learned counsel appearing for respondent No.4 contends that the compassionate appointment is not a vested right, but governed strictly by the terms of the “Dying in Harness Scheme”. As per the Memorandum of Settlement dated 04.08.1999, a dependent brother or a sister is eligible only if the deceased employee was unmarried. 7. In the present case, the deceased employee was married and she had been appointed on compassionate ground earlier. It is contended that the petitioner was never recorded as a dependent, only the mother of the deceased was shown as dependent in this service record. 1 W.P.No.101661 of 2025 disposed of on 19.08.2025 - 6 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 8. Further, it is argued that the civil court decree was acted upon solely for the purpose of disposal of terminal benefits and cannot override the scheme governing compassionate appointment. 9. The judgment relied upon by the petitioner in Mantavva's case is factually distinguishable. 10. This Court has carefully considered the contentions urged by the learned counsel for the parties and perused the material on record. 11. The point that arises for consideration is : “Whether the petitioner has an enforceable legal right to seek compassionate appointment under the Dying in Harness scheme of Respondent No.5?” 12. Compassionate appointment is intended to mitigate immediate financial hardship and is not a mode of regular recruitment. It can be granted only in accordance with the scheme in force. The Dying in Harness Scheme of respondent No.5 is produced along with the objections as - 7 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 Annexure-R5(D). The clause IV(4) of the scheme reads as under: “IV. Compassionate Appointment: 4. The priority list for employment will be. 1. Spouse 2. Son 3. Daughter 4. Legally Adopted Son/Daughter, Unemployed Son and Unmarried Daughter will get priority subject to qualification, requirement against available vacancy. 5. a) Dependent Brother, b) Dependent Unmarried Sinter) If any person in the above category declines the offer of employment or agrees that the chance of employment may be given to any other person in the category the person in the next category will be offered employment provided a letter of consent or letter disclaiming the appointment from other legal heirs and certified by a notary public is submitted within the stipulated period of one year.” 13. The above clause clearly restricts eligibility of a “dependent brother” or “dependent unmarried sister” to Eligible only in the case of unmarried deceased employee - 8 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 cases where the “deceased employee was unmarried”. Admittedly, the deceased employee in the present case was married and had secured appointment earlier on compassionate ground. 14. The petitioner does not satisfy the definition of “dependent”, under the scheme, and mere status as a legal heir does not confer eligibility for compassionate appointment. The reliance placed in Mantavva's case is misplaced, as in that case the spouse of the deceased employee had predeceased him leaving no eligible claimant, which is not the situation here. The impugned endorsement is in consonance with the governance scheme and does not warrant any interference. Accordingly, this Court pass the following order: ORDER i. The writ petition is dismissed. ii. The endorsement dated 07.12.2021 and the communication dated 07.07.2022 - 9 - HC-KAR NC: 2026:KHC-D:699 WP No. 103716 of 2024 issued by Respondent No.5 does not suffer from any illegality or arbitrariness and are hereby upheld. iii. It is clarified that the civil court decree declaring the petitioner as legal hear cannot by itself confer any right for compassionate appointment contrary to the applicable rules. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 39