CCC/805/2026 of H.R.LINGARAJU Vs RAMESH P KONAREDDY K.A.S on 30 September 2026

ORAL ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

No one appears for the complainant.

2. This contempt petition is filed with delay of 491 days. The reason for delay cited in the affidavit are in paragraph Nos.4 to 8. They read as follows: "4. I further submit that, my mother who was an employee under the Accused working as a sweeper has died on 09.02.2016. Thereafter, I had represented to the Accused on 10.08.2016 requesting for appointment on compassionate grounds. During the pendency of the Application, the Accused have settled and paid all the terminal benefits in my name. Thereafter, acting on my request for compassionate appointment, the Accused had obtained the reports from the base level officers and during the course it was revealed to the Accused that except me there are no others claiming to be the legal heirs of my deceased mother.

5. I further state that, inspite of furnishing sufficient documents issued by the Tahsildar indicating the relation with my mother, the Accused have directed me by their communication dated 11.10.2019 to obtain the Succession Certificate from the Competent Court. Accordingly, I had approached the Jurisdictional Civil Judge and JMFC Court at Kunigal by filing P&SC No.6/2019. Accordingly, after due adjudication, the

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aforesaid Court had passed an Order dated 19.08.2020 thereby holding that I am duly eligible for appointment on compassionate ground.

6. I further state that, after the aforesaid Order, I have obtained the Succession Certificate by paying the requisite fee. Thereafter, the Accused Corporation had filed an Appeal before the Additional Civil Judge and JMFC Court at Kunigal in P&SC No.2/2021. The same came to be dismissed by the Court by Order dated 04.08.2021. Subsequently, a Writ Petition was filed by me in WP No.12618/2022 which also came to be disposed by Order dated 05.12.2023.

7. I again state that, subsequent to the above Order, I once again represented to the Accused Corporation on 08.12.2023 and sought to comply with the Order passed in the above Writ Petition. However, there was no action from the Accused. In the meantime, the Accused Corporation once again challenged the Order by filing RA No.9/2023 before the Additional Senior Civil Judge and JMFC, Kunigal which came to be dismissed with cost by

Order

dated 22.06.2024. Thereafter, I made representation on 06.11.2025 addressed to the Accused No.1 and requested to comply with the Order. It was followed by another representation dated 19.01.2026. However, for both the requests and representations, the Accused did not take any positive steps. That in similar cases of this nature, the Accused have complied with the Orders by following the dictum of the judgments passed by different Courts and have appointed the legal heirs on compassionate grounds. But in my case, there is total and discrimination. This is inspite of my subsequent representations. However, the Accused No.1, without taking note of the prevailing legal position, without appreciating that in similar cases they themselves have issued appointment orders, has blindly issued one more Endorsement which warranted me to approach this Hon'ble Court on the ground that the Accused have discriminated against me and they have failed to look into the legal position prevailing on the issue of adopted son seeking for appointment on compassionate grounds. Hence, there is some delay in approaching this Hon'ble Court as even after Endorsement I had been communicating with the Accused and approaching them seeking for suitable justice.

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. I further state that, because of the financial and family problems including the long pending litigations, I could not approach this Hon'ble Court in time. Hence, there is a delay of 491 days in filing the above Contempt Case."

3. When the matter was last listed on 23.09.2026, the following order was passed:

"Learned counsel for the complainant/applicant seeks an adjournment to enable him to file a better affidavit filed in support of his application filed under Section 5 of the Limitation Act.

List on 30.09.2026 as fresh."

4. A memo with an affidavit is on record that was filed on 28.09.2026 enclosing an affidavit of the complainant. In the aforesaid affidavit, the contents of the previous affidavit filed on 05.08.2026 have been reiterated. A reference is made therein regarding an endorsement dated 07.02.2024.

5. A perusal of the complaint reflects that a letter dated 12.02.2026 (Annexure-N thereto) was sent to the complainant enclosing therewith an endorsement dated 07.02.2024. It has further been stated therein that the complainant had received the endorsement personally on 23.10.2025 from the Corporate Office. The complainant being an adopted child of the deceased employee, it has been observed therein that in view of the

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extant Rules, no appointment of adopted children is permitted on compassionate grounds.

6. Be that as it may, the reasons stated in the affidavits do not reflect sufficient cause. It was for the party to establish continuing wrong/breach/offence to be accepted as a ground for seeking exemption in an action for contempt. This petition is accordingly consigned.

7. It shall however be open to the complainant to seek any appropriate remedy against the endorsement dated 07.02.2024, if he is so advised, in accordance with law.

8. Pending I.A stand disposed of accordingly.

Sd/- (JAYANT BANERJI) JUDGE

Sd/- (N.V.BHAVANI) JUDGE

KG List No.: 2 Sl No.: 1