IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2021

PRESENT

THE HON9BLE MRS.JUSTICE S.SUJATHA

AND

THE HON9BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

W.P.No.15849/2021 (S 3 KSAT)

BETWEEN :

1 .

THE STATE OF KARNATAKA

REP BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF HEALTH

& FAMILY WELFARE,

VIKASA SOUDHA, BENGALURU-560 001.

2 .

THE DIRECTOR

DIRECTORATE OF AYURVEDA,

YOGA & NATURUOPATHY,

UNANI, SIDDHA & HOMEOPATHY (AYUSH),

DHANVANTHRI ROAD,

BENGALURU-560 009.

3 .

THE DISTRICT AYUSH OFFICER

GOVERNMENT DISTRICT,

AYUSH HOSPITAL,

MANDYA-571 401.

4 .

THE STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF PERSONNEL

& ADMINISTRATIVE REFORMS,

VIDHANA SOUDHA,

BENGALURU-560 001.

...PETITIONERS

(BY SRI B.RAJENDRA PRASAD, HCGP.)

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AND :

1 .

SRI H.C.SRIDHARA MURTHY

S/O LATE H.C.GHANNAGANGANNA,

AGED ABOUT 62 YEARS,

RETIRED SUPERINTENDENT,

GOVERNMENT DISTRICT,

AYUSH HOSPITAL, MANDYA-571 401.

2 .

SRI B.S.CHETHAN

S/O SRI H.C.SRIDHARA MURTHY,

AGED ABOUT 22 YEARS

BOTH R/AT NO.13, C CROSS,

(NEAR BHAJANE MANE),

DASARAHALLI, MAGADI ROAD,

BENGALURU-560 079.

&RESPONDENTS

(BY SRI P.RAJASHEKAR, ADV. FOR C/R-2.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

THE

RECORDS

IN

APPLICATION

NO.4522/2017,

DATED

20.11.2020 ON THE FILE OF THE HON9BLE KARNATAKA STATE

ADMINISTRATIVE

TRIBUNAL,

BENGALURU

AS

PER

ANNEXURE-A.

THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, S. SUJATHA, J., MADE THE FOLLOWING:

O R D E R

The petitioners have assailed the order dated

20.11.2020

passed

by

the

Karnataka

State

Administrative Tribunal, Bengaluru (8Tribunal9 for short)

in Application No.4522/2017, whereby the application

filed by the respondents has been allowed.

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2.

Respondents had approached the Tribunal

challenging the orders dated 30.12.2013 and 5.8.2016

rejecting

the

application

for

appointment

on

compassionate grounds in the place of respondent

No.1, who was permitted to retire voluntarily on medical

grounds. Respondent No.1 while working in the office of

petitioner No.3 has submitted an application along with

the Medical Certificate issued by the Minto Hospital,

Bengaluru, seeking permission to retire voluntarily as

his vision of both eyes deteriorated to the extent of

100% and he was completely unable to discharge his

duties. The petitioner No.2 permitted the respondent

No.1 to voluntarily retire from service on medical

grounds under Rule 285(1)(b) of KCSR w.e.f., 31.1.2013.

Pursuant to which respondent No.1 was relieved from

service w.e.f., 31.1.2013.

3.

The respondents sought for appointment of

respondent No.2 to be appointed on compassionate

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grounds in the place of respondent No.1 which was

rejected

by

the

petitioners.

Hence,

Application

No.4522/2017 was filed by the respondents before the

Tribunal which came to be allowed quashing the order

dated 5.8.2016 at Annexure-A18 and the order dated

30.12.2013 at Annexure-A14 issued by petitioner No.1.

Hence, this writ petition by the State.

4.

Learned Government Pleader appearing for

the petitioners 3 State would submit that the Tribunal

ought to have appreciated the prescription (i) appended

to

Rule

3(A)

of

the

Karnataka

Civil

Services

(Appointment on Compassionate Grounds) Rules, 1996

(8Rules9 for short). The respondent No.1 had not

suffered any disability while discharging his duty.

Thus, it was submitted that respondent No.2 was not

entitled to be appointed as Government Servant on

compassionate grounds since no illness or the medical

- 5 -

condition was developed by respondent No.1 during the

course of employment.

5.

Learned

counsel

appearing

for

the

respondents placing reliance on the Coordinate Bench

ruling of this Court in the case of The State of

Karnataka and others v. Sri Narasimhamurthy N

(W.P.No.45/2019, D.D. 18