- 1 - HC-KAR NC: 2026:KHC:23750 WP No. 12178 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12178 OF 2026 (S-RES) BETWEEN: 1. SMT SHAILAJA N T W/O LATE N.P. SIDDEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT NO 321, BANNUR ROAD, 4TH CROSS, SRI KRISHNA NAGAR, YARAGANAHALLI, SIDDARTHANAGAR, MYSORE 570011 2. SRI. TARUN KUMAR NS S/O LATE N.P. SIDDEGOWDA, AGED ABOUT 29 YEARS, RESIDING AT NO 321, BANNUR ROAD, 4TH CROSS, SRI KRISHNA NAGAR, YARAGANAHALLI, SIDDARTHANAGAR, MYSORE 570011 …PETITIONERS (BY SRI. BHARATH M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, MULTI-STORIED BUILDING DR B.R. AMBEDKAR VEEDHI, BANGALORE 560001 2. THE COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, GANDHINAGARA, BENGALURU - 560009 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23750 WP No. 12178 of 2026 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, MYSORE, MYSORE DISTRICT-570001 4. THE EXECUTIVE OFFICER TALUK PANCHAYAT, T NARASIPURA-571124 …RESPONDENTS (BY SRI.DR RAVISHANKAR., SENIOR COUNSEL AS AMICUS CURIAE SRI SPOORTHY HEDGE, AGA FOR R1 AND R2 SRI PAWAN KUMAR M,N FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH/SET ASIDE THE ENDORSEMENT DATED 22.04.2024 BEARING NO. CIBBANDI-2/2A/CR- 48/2014-15 ISSUED BY THE RESPONDENT NO. 02 AT ANNEXURE E, REJECTING THE APPLICATION OF THE PETITIONER NO. 02 FOR COMPASSIONATE APPOINTMENT II. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER NO. 02 FOR COMPASSIONATE APPOINTMENT ON MERITS AND IN ACCORDANCE WITH LAW, AND TO GRANT COMPASSIONATE APPOINTMENT TO THE PETITIONER NO. 02 IN A SUITABLE POST IN THE ESTABLISHMENT WHERE THE DECEASED EMPLOYEE WAS WORKING AT THE TIME OF HIS DEATH III. PASS SUCH OTHER AND FURTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: "i. Issue a Writ of Certiorari or any other appropriate Writ to quash/set aside the endorsement dated 22.04.2024 bearing No. CIBBANDI-2/2A/CR-48/2014-15 issued by the - 3 - HC-KAR NC: 2026:KHC:23750 WP No. 12178 of 2026 Respondent No. 02 at ANNEXURE E, rejecting the application of the Petitioner No. 02 for compassionate appointment; in so for Petitioner Concern. ii. Issue a Writ of Mandamus or any other appropriate Writ directing the Respondents to consider the application of the Petitioner No. 02 for compassionate appointment on merits and in accordance with law, and to grant compassionate appointment to the Petitioner No. 02 in a suitable post in the establishment where the deceased employee was working at the time of his death; iii. Pass such other and further orders as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice". 2. Heard Sri D. R. Ravishankar, learned Amicus Curiae who was called upon to assist this Court, learned counsel for the petitioners, learned AGA for respondents No.1 and 2 and learned counsel for respondents No.3 and 4. 3. Learned amicus curiae as well as learned counsel for the petitioners submits that the impugned endorsement is illegal, arbitrary and contrary to the judgments in the case of The State Of Karnataka And Another Vs. Sri Mahaboob Patel in - 4 - HC-KAR NC: 2026:KHC:23750 WP No. 12178 of 2026 W.P.No.202187/2023 and Syed Khadim Hussain Vs State of Bihar and Others, (2006) 9 SCC 195 and the same deserves to be quashed. 4. Per contra, learned AGA for respondents No.1 and 2 submits that without prejudice to the rights and contentions of the respondents, the respondent-state would reconsider the claim of the petitioners for compassionate appointment without reference to the impugned endorsement and bearing in mind the aforesaid judgments of the Apex Court. 5. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims having regard to the specific submission made by the respondent-state that they would reconsider the claim of the petitioners for compassionate appointment without reference to the impugned endorsement at Annexure-E, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of the petition directing the respondents No.1 and 2 to reconsider the claim of the petitioners for compassionate appointment in accordance with law without - 5 - HC-KAR NC: 2026:KHC:23750 WP No. 12178 of 2026 reference to impugned endorsement at Annexure-E and in the light of aforesaid judgments within a period of 2 months from the date of receipt of a copy of this order. 6. Liberty is reserved in favour of the petitioners to take recourse of such remedies as available in law including approaching the KSAT, Bangalore subsequent to the government passing appropriate orders/taking appropriate decision as stated supra. Subject to the aforesaid directions and liberty reserved in favour of the petitioners, the writ petition stands disposed of. 7. It is made clear that this order is passed in the special/peculiar/unique facts and circumstances obtaining in the instant case and the same shall not be treated as a precedent nor carry any precedential value for any purpose, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ List No.: 1 Sl No.: 9