WP/3100/2025 of SMT K R SHYLAJA Vs STATE OF KARNATAKA on 30 September 2026

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The petitioner is before this Court questioning order dated 16.12.2024 in Application No.1995/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) whereunder, the petitioner’s prayer to quash impugned order dated 05.03.2024 (Annexure-A10), rejecting the petitioner’s prayer for appointment on compassionate grounds is rejected.

2. Heard learned counsel Sri.Yeshwanth Nethaji.N.T., for Sri.K.V.Narasimhan for petitioner, learned Additional Advocate General Sri.Reuben Jacob along with

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learned Additional Government Advocate Sri.Vikas Rojipura for respondents. Perused the entire writ petition papers.

3. The case of the petitioner for appointment on compassionate grounds was rejected on the ground that there was no provision for appointment of married daughters on compassionate grounds under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, ‘the Rules’) as on the date of death of government servant, ignoring the earlier order of this Court in the case of the petitioner herself in W.P.No.8852/2022 dated 13.12.2023 (Annexure-A9).

4. In the light of the decision of this Court stated above in respect of the petitioner herself, this Court directed the Government while hearing the above petition to examine the case of the petitioner in the light of the order of this Court (supra).

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5. Learned Additional Advocate General files memo dated 30.09.2026 which reads as follows: “1. On 14.08.2026, the following order was passed by this Hon'ble Court: "Learned Additional Advocate General on instructions undertakes that endorsement at Annexure-A10 dated 05.03.2024/11.03.2024 would be withdrawn and without going into the question of limitation and petitioner's eligibility as married daughter would be considered in accordance with law and would be provided employment on compassionate ground, if otherwise eligible. Learned Additional Advocate General would further submit that within ten days, the same would be re-considered".

2. In compliance thereof, the Conservator of Forest, Hassan Circle, has, vide Order, dated 25.08.2026, withdrawn the Endorsement, dated 05.03.2024, and to facilitate a fresh consideration of the applicant's claim. Therefore her eligibility has to be re-examined, excluding the criteria regarding "married daughter" and "delay in application". The true copy of the said Order, dated 28.08.2026, has been produced herewith as Document No.2.

3. It is submitted on instructions that the Respondent No.3 has forwarded a proposal, dated

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08.09.2026, in this regard to the Respondent No.2 and, on consideration of the said proposal, the petitioner is found eligible for appointment on compassionate grounds, subject to confirmation of genuinity of the documents furnished by her.

4. Further, it is submitted on instructions, that the relevant documents of the petitioner relating to educational qualifications, caste and income certificates and others have been sent for verification, which is said to take about two months to be completed and, upon confirmation of genuinity of the said documents, the petitioner will be issued the appointment order on compassionate grounds. Copies of the four communications in this regard are produced herewith as Document No.3, 4, 5 & 6.

WHEREFORE, it is prayed that this Hon'ble Court be pleased to take this memo on record and dispose the above writ petition, in the interest of justice and equity.”

6. The above memo would state that on examination of the case of the petitioner, the petitioner is found eligible for appointment on compassionate grounds.

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Further, it would indicate that the documents of the petitioner relating to educational qualifications, caste and income certificate and other documents are sent for verification. It is further submitted that once the verification process is completed and subject to all the documents/certificates to be duly verified, the petitioner would be issued with the appointment order on compassionate ground.

7. The said memo is placed on record.

8. Taking note of the above memo and in the facts and circumstances of the case, the following:

ORDER

a) Writ petition is allowed.

b) The order passed by the Tribunal dated 16.12.2024 in Application No.1995/2024 is set aside.

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c) The respondents, as undertaken, subject to verification of documents, shall issue order of appointment to the petitioner on compassionate grounds within two months from today.

In view of disposal of the writ petition, pending I.A stand disposed of.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE

NC CT:bms List No.: 1 Sl No.: 7