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2026 DAILYLAW 8983 (KAR)

G N JAYAKUMAR v. THE GENERAL MANAGER

WP/122/2024 · 2026-03-27

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17595 WP No. 122 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 122 OF 2024 (S-RES) BETWEEN: G. N. JAYAKUMAR S/O LATE NAGARAJ AGED ABOUT 40 YEARS, R/A SANTHE GATE, BHOVI COLONY, KOLAR – 563 101 …PETITIONER (BY SRI. N. B. N. SWAMY, ADVOCATE) AND: 1. THE GENERAL MANAGER UNION BANK OF INDIA CENTRAL OFFICE, UNION BANK BHAVAN 239 VIDHANA BHAAN MARG MUMBAI – 400 021 MAHARASHTRA 2. THE ASSISTANT GENERAL MANAGER (EBO) HR DEPARTMENT EMPLOYEES BENEFIT DIVISION UNION BANK OF INDIA CENTRAL OFFICE UNION BANK BHAVAN 239 VIDHANA BHAVAN MARG MUMBAI – 400 021 MAHARASHTRA 3. THE CHIEF MANAGER HR DEPARTEMNT EMPLOYEES BENEFIT DIVISION UNION BANK OF INDA Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17595 WP No. 122 of 2024 CENTRAL OFFICE UNION BANK BHAVAN 239 VIDHANA BHAVAN MARG MUMBAI – 400 021 MAHARASHTRA 4. THE BRANCH MANAGER UNION BANK OF INDIA KOLAR BRANCH KOLAR – 563 101 …RESPONDENTS (BY SRI. VIGNESH S. SHETTY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY RESPONDENT NO.3 WIDE COMMUNICATION LETTER/ ENDORSEMENT NO. HR.EBD.CA.11719/2023 DATED 03/06/2023 WHICH IS NOT IN ACCORDANCE WITH LAW AT ANNEXURE-A THEREBY REJECTING THE APPLICATION / REQUEST LETTER DATED 19/03/2021 OF THE PETITIONER SEEKING FOR APPOINTMENT OF THE PETITIONER ON COMPASSIONATE GROUNDS IN THE R1 BANK AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “a) Issue a writ; in the nature of mandamus or any other appropriate writ or order and quash the order passed by respondent No.3 wide communication letter/endorsement No. HR;EBD;CA;11719;2023 dated 03-06-2023 Which is not in accordance with law at ANNEXURE-A thereby rejecting the application/request letter dated 19-3-2021 of the - 3 - HC-KAR NC: 2026:KHC:17595 WP No. 122 of 2024 petitioner seeking for appointment of the petitioner on compassionate grounds in the respondent No.1 Bank and b) Quash the order passed by Respondent No.2 vide endorsement No.HR;EBD;F-2212;N-0632;2023, dated 3-2-2023 which is not in accordance with law which is at ANNEXURF-B and c). Direct the respondent 1 TO 3 to consider the application/request letter dated 19-3-2021 of the petitioner for appointment of the petitioner on compassionate grounds in the Respondent No.1 Bank, which is at ANNEXURE-G and d). Issue any other writ or order or direction that this Hon'ble Court is deems fit in the facts and circumstances in the ends of justice.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner has invited my attention to the impugned communication at Annexure - B dated 03.02.2023 issued by the respondent - Bank rejecting the request/application of the petitioner for compassionate appointment on the ground that the - 4 - HC-KAR NC: 2026:KHC:17595 WP No. 122 of 2024 petitioner - applicant was not a wholly dependent family member in terms of the scheme. In this context, learned counsel for the petitioner submits that the impugned communication is a cryptic, laconic, non speaking and unreasoned order and in the absence of any valid reasons stated in the impugned communication, the same deserves to be set aside and the matter may be remitted back to the respondent for reconsideration of the application for compassionate appointment in accordance with law. 4. Per contra, learned counsel for the respondent submits that there is no merit in the petition and the same is liable to be dismissed. 5. Before averting to the rival submissions, it would be necessary to extract Annexures- A and B. “Annexure-A Ref No. HR:EBD:CA:11719:2023 Date: 03.06.2023 To, Shri G N Jayakumar Son of Late Mr. Nagraj Santhe gate, Bhavi Colony, Kolar Karnataka 563101. Dear Sir, - 5 - HC-KAR NC: 2026:KHC:17595 WP No. 122 of 2024 Reference: Complaint No: PMOPG/D/2023/0089408 Appointment on Compassionate ground. We refer to your subject complaint in the Government Portal regarding appointment on Compassionate ground. In this context, we wish to inform that, decision of the Competent Authority of the Bank on your application for compassionate appointment has been taken in accordance with the scheme / guidelines for Compassionate appointment. The decision of the competent Authority has already been conveyed to you vide letter reference no. HR:EBD:F-2213:N- 0632:2023 dated 09-02-2023. A copy of the aforesaid letter is enclosed once again for your information in the matter. Yours Faithfully, Sd/- Chief Manager” Annexure-B HR:EBD:F-2212:N-0632:2023 03-02-2023 Mr.G N Jayakumar Son of Late Mr. Nagaraj, Santhe gate, bhovi colony, Kolar Karnataka 563101Nayak Sir, Sub: Your Application for Appointment on Compassionate Grounds - 6 - HC-KAR NC: 2026:KHC:17595 WP No. 122 of 2024 With reference to your application on the captioned subject, we have to inform you that, the matter was placed before the Competent Authority and in terms of the Government of India guidelines and as per the Scheme of Compassionate Appointment, your request for compassionate appointment has not been considered favorably by the Bank in terms of the Scheme on following grounds: Applicant is not wholly dependent family member in terms of the Scheme. Yours faithfully, Sd/- Asst. General Manager (EBD)” 6. As can be seen, the aforesaid impugned communications are cryptic, laconic, non speaking and unreasoned order without assigning proper or cogent reasons as to why the request of the petitioner was being rejected by the respondent. In fact, except stating that the petitioner was not a wholly dependent family member under the scheme, no material particulars or details as to why the petitioner who was undisputedly the son of late Nagaraj, who died during service is not forthcoming in the communication, which deserves to be set aside and the matter is remitted back for reconsideration of the - 7 - HC-KAR NC: 2026:KHC:17595 WP No. 122 of 2024 petitioner's application/request for compassionate appointment within a stipulated time frame. 7. Under the aforesaid facts and circumstances of the case, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned orders at Annexures-A and B dated 03.06.2023 and 03.02.2023 respectively are hereby set aside. iii) The matter is remitted back for reconsideration of petitioner’s application/request for compassionate appointment afresh by passing a speaking order and in accordance with law within a period of three months from the date of receipt of copy of this order. iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 48