SRI DHARMA NAIK S/O LOKA NAIK vs THE PRINCIPAL SECRETARY
- Court
- Karnataka High Court
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WP No. 106084 of 2023
CNR: KAHC020166672023
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 15 DAY OF OCTOBER 2026
PRESENT
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
THE HON'BLE MRS JUSTICE HEMA KULKARNI
WRIT PETITION NO.106084 OF 2023 (S-KAT)
BETWEEN:
1. SRI. DHARMA NAIK S/O. LOKA NAIK
AGE: 59 YEARS, OCC: AMBULANCE DRIVER
GENERAL HOSPITAL SANDUR,
DIST: BELLARY,
R/O. JANEKUNTE THANDA,
POST: JANEKUNTE,
TQ: AND DIST: BALLARI-583115.
2. SRI. RAMESH NAIK S/O. DHARMA NAIK
AGE: 32 YEARS, OCC: NIL AT PRESENT,
R/O. JANEKUNTE THANDA,
POST. JANEKUNTE,
TQ: AND DIST: BALLARI-583115.
…PETITIONERS
(BY SMT.VIDYAVATHI M.KOTTURSHETTAR AND
SRI.P.G.CHIKKANARAGUND, ADVOCATES)
AND:
1. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARANTAKA,
DEPARTMENT OF LAW AND
PARLIMENTARY AFFAIRS,
VIDHANA SOUDHA, BANGALORE-560001.
2. THE SECRETARY
DEPARTMENT OF HEALTH AND
Digitally signed
by
VIJAYALAKSHMI
M KANKUPPI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.31
11:43:25 +0530
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WP No. 106084 of 2023
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FAMILY WELFARE, VIKAS SOUDHA,
BANGALORE-560001.
3. THE DIRECTOR
DIRECTORATE OF HEALTH AND
FAMILY WELFARE SERVICE,
ANAND RAO CIRCLE,
BANGALURU-560001.
4. THE DISTRICT HEALTH AND
FAMILY WELAFARE OFFICER,
BALLARI, DISTRICT: BALLARI-583101.
5. THE CHIEF MEDICAL OFFICER
TALUKA GENERAL HOSPITAL SANDUR,
TQ: SANDUR, DIST: BALLARI-583119.
…RESPONDENTS
(BY SMT.GIRIJA S.HIREMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED.
08-08-2023 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BENGALURU IN APPLICATION NO.11284-85/2021 VIDE
ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A
WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT OR DIRECTION DIRECTING THE RESPONDENTS TO PAY THE
SALARY OF PETITIONER NO.1 FROM 2017 TILL HIS RETIREMENT
AND ALL OTHER SERVICES RETIREMENT BENEFITS TO THE
PETITIONER NO.1, IN THE INTEREST OF JUSTICE AND EQUITY; AND
ETC.
THIS WRIT PETITION COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
HON'BLE MRS JUSTICE HEMA KULKARNI
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA )
1. During the subsistence of the subject petition, first
petitioner is no more. The petition thus remains qua the
second petitioner, son of the first petitioner.
2. Heard the learned counsel Smt. Vidyavathi M.
Kotturshetter and the learned counsel Sri. P.G.
Chikkanaragund, appearing for the petitioner and Smt. Girija S.
Hiremath, learned High Court Government Pleader appearing
for the respondents.
3. Facts in brief germane are as follows:
4. The father of the petitioner is appointed as an
ambulance driver in Taluka General Hospital, Sandur on
25.06.2001. He is transposed as a permanent employee on
16.03.2006. He is thus a permanent employee. He suffers an
accident. The accident cripples him. The crippling leads the
father of the petitioner to submit an application in terms of the
rules that were subsisting as on that day seeking relief for
grant of voluntary retirement on medical grounds and
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consequently in terms of the rules to grant an appointment on
compassionate grounds to his son-the present petitioner. The
State does not act till the date on which the petitioner attains
the age of superannuation and today he is no more. The action
of the father not being relieved and compassionate
appointment not being considered in favour of the son, leads
the father and his son before the Tribunal in the subject
application. The Tribunal holding that the rules were not in
existence as on the date on which it fell for consideration
before it, rejected the application. The rejection of the
application has driven the petitioner to this Court in the subject
petition.
5. The learned counsel Smt. Vidyavathi Kotturshettar
would vehemently contend that the case of the petitioner ought
to have been considered in terms of the rules when the
application was submitted in the year 2014. The application
was supported by the recommendation of the Medical Board
who had opined that the father being ambulance driver could
not perform the duties of ambulance driver as he had suffered
the accident. The State has not acted upon it and therefore
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would submit that in such circumstances the plethora of
judgments rendered by the Division Benches of this Court and
that of the Apex Court on the issue and would seek the order of
the Tribunal be quashed and direction for appointment of
compassionate grounds be granted to be issued to the State in
favour of the petitioner. The learned counsel for the petitioner
submits that there is already a communication that they would
pay the terminal benefits qua the deceased employee, the
same be directed to be paid.
6. The learned HCGP on the other hand would submit
that the application of the father for voluntary retirement was
never considered and he has superannuated in the year 2023.
If he has superannuated on attaining the age of
superannuation, there can be no consideration under the Rules
of 2014. Therefore, would submit that the order of the Tribunal
is in consonance with law and would seek dismissal of the
petition.
7. We have given our anxious consideration to the
submissions made by the respective learned counsel.
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8. The issue lies in a narrow compass as to whether
the petitioner deserves a direction for appointment on
compassionate grounds.
9. The dates and events are as follows:
25.06.2001-the father joins the service; 16.03.2006-the
service of the father is treated as a permanent employee,
suffers an accident and due to the accident, his spinal cord
breaks. On 07.08.2014, the State Government secures a
Medical Board report as to whether the father did have the
capacity to continue to work. The Medical Board opines that the
father does not have and therefore he is fit to be relieved on
grant of voluntary retirement on medical grounds. This happens
on 07.08.2014, when the Rules were in subsistence. The State
does not act. Again on 12.05.2017, another Medical Board
opines that he should be relieved and he cannot be made to
perform duties. State again does not act. Time does not stop
and it ticks off. The father reaches the age of superannuation in
the year 2023. But the State did not pass any order on the
recommendation of the Medical Board for ages. The father
today is no more. The surviving son is now fighting for
compassionate appointment, as the father was not in the
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capacity to work in terms of Medical Board report and the State
ought to have relieved him in terms of the Rules and granted
appointment on compassionate grounds. The Tribunal
misdirects itself on the score that the Rules were not in
subsistence as on the date it was hearing the petition.
Admittedly, the Rules were not in subsistence as on the date on
which the Tribunal was hearing the petition, but the Rules were
in subsistence. When the incapacity came about, when the
Medical Board considered and directed that the father was
entitled for voluntary retirement on medical grounds, the State
takes a deep slumber on the recommendation for over 9 years
and the petitioner attains the age of superannuation. The
blame cannot be fastened upon the petitioner for not having
secured the appointment on compassionate grounds, but it is
only on the State.
10. In identical circumstances, a Co-ordinate Bench of
this Court in WP No.45/2019, disposed on 18.03.2020, has held
as under:
“ Sri S.S.Mahendra, learned Additional Government
Advocate for the petitioner.
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Sri M. Subramanya Bhat, learned counsel for
respondent. The petition is admitted for hearing. With the
consent of the parties, it is heard finally.
2. In this petition filed under Articles 226 and
227 of the Constitution of India, the petitioners have inter
alia assailed the validity of the order dated 06.03.2018
passed by the Karnataka State Administrative Tribunal,
Bengaluru, by which the application No.5165/2016 filed by
the respondent has been disposed of with the direction to
the petitioners herein to consider the application submitted
by the respondent for appointment on compassionate
grounds under the provisions of Karnataka Civil Services
(appointment on compassionate grounds) Rules, 1996
(hereinafter referred to as ‘the Rules’).
3. The facts giving rise to filing of this petition
briefly stated are that, the father of the respondent was
employed as constable in District Armed Force and while
working as a constable, the father of the respondent
suffered paralysis stroke on 23.07.2011. He was examined
by the Medical Board on 27.06.2012 and on 31.07.2012.
The Medical Board opined that due to his present illness,
the father of the respondent has developed permanent
disability and unable to perform his duties effectively in
police service. In view of the report submitted by the
Medical Board, the State by order dated 24.01.2013
permitted to retire from services as he was incapable on
medical grounds with effect from 31.01.2013. Thereafter,
the father of the respondent expired on 14.03.2015.
Respondent thereupon submitted an application seeking
his appointment on compassionate ground. By
endorsements dated 30.04.2015 and 26.06.2015, the
claim of the respondent seeking appointment on
compassionate basis was rejected. Thereafter, the
respondent approached the Tribunal by filing an
application. The Tribunal vide order dated 06.03.2018,
quashed the endorsements dated 30.04.2015 and
26.06.2015 and directed the petitioner No.2 herein to
consider the application submitted by the respondent for
appointment on compassionate grounds under the Rules.
In the aforesaid factual background, the petitioners have
filed this petition.
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4. Learned Additional Government Advocate for
the State while inviting the attention of this Court to the
report of the Medical Board submitted that the father of
the respondent was suffering from illness which were not
developed during the course of employment. It is further
submitted that the Tribunal ought to have appreciated
under prescription (i) appended to Rule 3(A) of the Rules.
The father of the respondent has not suffered any
disability while discharging the duty. Therefore, the
Tribunal grossly erred in quashing the endorsements dated
30.04.2015 and 26.06.2015.
5. On the other hand, learned counsel for the
respondent has supported the order passed by the
Tribunal.
6. We have considered the submissions made by
the learned counsel for the parties and have perused the
records.
7. The relevant extract of the Medical Board
reads as under:
“2. Left lower limb Contractures:
In view of the above mentioned problems
which have caused severe weakness of Right
sided limbs he has developed significant
irreversible Neurological disability which have
restricted his activities of daily life and
preventing him from discharging his duties
efficiently in the Police Department, medical
board recommends voluntary retirement. Due to
his present illness has developed permanent
physical disability and is unable to perform his
duties effectively in police service.
He is medically and physically unfit to
discharge duties in Government service.”
On the basis of the medical report, the order dated
24.01.2013 came to be passed by the State Government,
which reads as under:
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“No.EST(1)/75/2012-13, O.B.NO.13/2013
dated 24-01-2013.
On the basis of the Medical Certificate issued by
the Medical Superintendent, General Hospital,
Jayanagar, Bangalore to Sri.N.Narasimhaiah,
APC-305, DAR, Kolar, as pre Rule 273 of KCSR,
he has been permitted to retire from the
Government Service due to incapability on
Medical grounds with effect from the afternoon
of 31.01.2013.”
Now we may advert to the Rule 3(A) (i) of the Rules as
well as description and (i) which reads as under:
“3A Appointment of dependent of Government
servant retired on medical grounds: (1) without
prejudice to the generality of these rules,
dependents of the Government servant retired
on medical grounds shall be eligible for
appointment on compassionate grounds.
2) All conditions of eligibility, conditions of
appointment and the procedure of application
and appointment except Rule 9 as applicable to
dependent of decease Government servant
under these rules shall mutatis mutandis apply
to the dependents of the Government servant
retired on medical grounds with effect from the
date of his retirement on medical grounds.
Provided that all eligible dependents of
Government servant retired on medical grounds
on the date of commencement of the Karnataka
Civil Services (Appointment on Compassionate
Grounds) (Sixth Amendment) Rules, 2011 may
apply within one year from the date of
commencement of the said rules.
Explanation. – for the purpose of these rules-
(i) “Government servant retired on medical
grounds” means a Government servant who on
the ground of bodily or mental infirmity is
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permanently incapacitated while on duty for
public service and retired medical grounds as
per the provisions of the Karnataka Civil
Services Rules on or after the 1st day of
January, 2010, as certified by the Medical
Board constituted by the Department of Health
and Family Welfare at district and taluk level.
(ii) The words “While on duty” includes his
journey to and from his place of residence to the
place of work.
(iii) The words “dependents” and “family
members” defined in respect of deceased
Government servant retired on medical grounds.
(iv) In these rules, wherever the words “widow”
or “widower” occurs in respect of deceased
Government servant, it shall be construed as
“wife” or “husband” of the Government servant
retired on medical grounds.”
8. Thus, on conjoint reading of the aforesaid
provisions, it is evident that the dependents of the
government servant who have retired on medical grounds
are entitled for recruitment on compassionate ground.
Description (1) provides that a government servant retired
on medical grounds while discharging the duty in public
service and as per the certificate issued by the Health and
Family Welfare Department, it has opined that the father
of the respondent has become physically disabled and
unable to perform his duties effectively in government
service. Therefore, in our considered opinion, the Tribunal
has rightly quashed the impugned endorsements dated
30.04.2015 and 26.06.2015 and directed petitioner No.2
to consider the application submitted by the respondent
for appointment on compassionate ground as per Rules.
9. The order passed by the Tribunal neither suffers
from judicial infirmity nor any error apparent on the face
of the record warranting interference in exercise of the
supervisory jurisdiction under Article 226 of Constitution of
India.
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It is needless to state that petitioner No.2 shall
consider the application submitted by the respondent
within a period of three months from the date of the
receipt of the certified copy of the order passed today.
It is made clear that, this Court has not expressed
any opinion with regard to the merits of the case.
Accordingly, the petition fails and is hereby
dismissed. ”
11. In light of the above, the petition deserves to
succeed. Accordingly, the following:
ORDER
i) The writ petition stands allowed ;
ii) The order of the Tribunal stands
obliterated.
iii) A mandamus issues to the
respondent/State to consider the case of
nd
2 petitioner for appointment on
compassionate grounds, bearing in mind
the observations made in the course of
the order within an outer limit of 12
weeks from the date of receipt of the
copy of this order.
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iv) The terminal benefits of the deceased
employee also shall be disbursed within
the same time frame.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Sd/-
(HEMA KULKARNI)
JUDGE
kmv upto para 8
JTR para-9 to end.
CT:VH