- 1 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 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. 103890 OF 2025 (S-RES) BETWEEN: SMT. SOUNDARAYA S W/O. LATE SHANMUGAM M AGE: 27 YEARS, OCC: NIL, R/O. B/4752 29TH WARD, 9TH CROSS, M J NAGAR, NEAR GOVERNMENT SCHOOL, TQ. HOSPET, DIST. VIJAYANAGAR. …PETITIONER (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: 1. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, WHOLLY OWNER COMPANY BY THE GOVERNMENT OF KARNATAKA, HAVING ITS REGISTERED OFFICE AT CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DIRECTOR (ADMINISTRATION AND HUMAN RESOURCES), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560009. 3. THE SUPERINTENDENT ENGINEER (OPERATION AND MAINTENANCE) CIRCLE, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, MUNIRABAD-583234, TQ. AND DIST.: KOPPAL. …RESPONDENTS (BY SRI. B.S.KAMATE, ADVOCATE) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.30 10:50:21 +0530 - 2 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT / ORDER DATED 05.01.2023 PASSED BY RESPONDENT NO. 2 BEARING NO. PÀ«¥À椤/©103/36910/2022-23 VIDE ANNEXURE-A; ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO. 1 AND 2 TO CONSIDER THE APPLICATION DATED 23.06.2022 MADE BY THE PETITIONER VIDE ANNEXURE- G FOR APPOINTMENT ON COMPASSIONATE GROUNDS AND APPOINT THE PETITIONER AS AN EMPLOYEE OF RESPONDENT NO. 1 IN LIEU OF DEATH OF HER HUSBAND 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 ORAL ORDER 1. The petitioner has approached this Court calling in question the endorsement/order dated 05.01.2023 (Annexure-A) issued by the respondent - Corporation, whereby her application seeking appointment on compassionate grounds consequent upon the death of a Senior Lineman in service came to be rejected, and has sought a consequential direction for consideration of her claim in accordance with law. - 3 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 2. Brief facts of the case: 2.1. The petitioner claims to be the widow of late Shanmugam, who was working as a Senior Lineman under the respondent - Corporation and who died while in service on 25.06.2021. 2.2. Following his death, petitioner submitted an application dated 23.06.2022 seeking appointment on compassionate grounds. 2.3. The respondents, upon verification of the records, found a cloud over the petitioner's claim of being the legally wedded wife of the deceased employee. It was noticed that, as per service records the petitioner was shown as the niece of the deceased and there existed a substantial age difference between them. 2.4. The respondents also relied upon the official records such as attendance extract, Traveling Allowance bills and vehicle log books, which indicated that the deceased employee was on - 4 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 official duty on the date on which the petitioner claims that the marriage was performed. 2.5. Aggrieved by the said endorsement and seeking a direction for consideration of her claim for compassionate appointment, the petitioner has approached this Court by filing this writ petition. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife and sole surviving legal heir of the deceased employee. It is contended that the impugned endorsement is arbitrary and unsupported by material on record. According to the petitioners, once documents such as nomination, residence certificate and legal heir certificates are produced, the respondents had no jurisdiction to reject the claim. It is argued that the compassionate appointment is denied mechanically and without application of mind. - 5 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 4. Per contra, learned counsel appearing for the respondents contends that the writ petition is not maintainable as the claim involves seriously disputed question of fact relating to marital status and survivorship. It is contended that the service records indicate the petitioner to be the niece of the deceased employee and there exists an unexplained age gap. Further it is contended that the official records such as attendance extract, TA bills and vehicle log book show that the alleged date of birth is doubtful. Reliance is placed on the Finance Department Circular dated 14.01.1987, which mandates that where survivorship is under cloud, a declaratory decree from a competent Court is required and it is therefore contended that the endorsement is legal, justified and without infirmity. 5. This Court has carefully considered the rival contentions and perused the material on record. - 6 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 6. The point that arises for consideration is, “whether this Court, in exercise of jurisdiction, adjudicate the petitioner's claim for compassionate appointment when the foundational facts relating to marital status and survivorship are disputed?”. 7. The Compassionate appointment is not a matter of right but is governed strictly by statutory rules and executive instructions. In the present case, the respondents have raised a bona fide dispute regarding the petitioner's status as legally wedded spouse of the deceased employee. The authorities found that the material documents including the service record and contemporaneous official documents disclose a cloud over survivorship and the impugned order came to be passed. The determination of marital status, legitimacy of relationship and survivorship necessarily involves appreciation of evidence, examination of witnesses and adjudication of disputed facts. It is well - 7 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 settled that such issues cannot be decided in a writ jurisdiction. 8. In view of the above, this Court finds no infirmity or arbitrariness in the impugned order warranting interference. 9. Having regard to the nature of dispute, without expressing any opinion on the merits of the petitioner's claim, it is appropriate to reserve liberty to the petitioner to approach the competent Civil Court or appropriate forum for adjudication of status and survivorship and thereafter to work out her remedies in accordance with law. 10. Accordingly, this Court pass the following order: ORDER i. The writ petition is dismissed. ii. Liberty is reserved to the petitioner to approach the appropriate forum or competent Civil Court for - 8 - HC-KAR NC: 2026:KHC-D:663 WP No. 103890 of 2025 adjudication of her claim relating to marital status and survivorship. iii. If such declaration is obtained, it is open to the petitioner to submit a fresh representation to the respondents, who shall consider the same in accordance with law and the applicable rules. iv. No opinion is expressed on the merits or demerits of the petitioner's claim. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 8