IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 7589 OF 2024 (S-RES)

BETWEEN:

KIRAN S/O LATE K MANTESH, AGED ABOUT 31 YEARS, OCC: LIBRARY SUPERVISOR, R/O NO.495, WARD NO.3, NEAR CHOWDESHWARI TEMPLE, KONDAJJI, TALUK HARIHAR, DIST. DAVANAGERE-577589 Digitally signed by …PETITIONER SUNITHA K S (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR Location:

HIGH COURT SRI. GIRISH V BHAT., ADVOCATE)

OF KARNATAKA AND:

1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, 3^RD FLOOR, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001

2. THE DIRECTOR PANCHAYAT RAJ DEPARTMENT, KALIDASA ROAD, GANDHINAGAR, BENGALURU-560009

3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, DAVANAGERE-577005

4. THE VICE SECRETARY/MEMBER SECRETARY GRAM PANCHAYAT LIBRARY SUPERVISORS., APPOINTMENT COMMITTEE, ZILLA PANCHAYAT, DAVANAGERE-577005

5. THE EXECUTIVE OFFICER TALUK PANCHAYAT, HARIHAR TALUK, DAVANAGERE -577601

6. THE PANCHAYAT DEVELOPMENT OFFICER KUNDOJJI GRAM PANCHAYAT, HARIHAR TALUK, DAVANAGERE DISTRICT-577601

7. THE CHIEF LIBRARIAN DISTRICT CENTRAL LIBRARY, DAVANAGERE-577005 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R7 SRI. JAGADEESWARA N.R., ADVOCATE FOR R3, R5 & R6 R2 & R4 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE IMPUGNED MEMORANDUM OF CLARIFICATION PASSED BY THE R2 BEARING NO. KPRC/ABHIVRADDI/704/2023 DATED 12/02/2024, VIDE ANNEXURE-J, IN SO FAR IT EFFECTS THE APPOINTMENT/ SERVICE OF THE PETITIONER IS CONCERNED. II) QUASH THE IMPUGNED MEETING NOTIFICATION PASSED BY THE R4 BEARING NO. ZIPAMDA.AA(29) CR-02/2023-24 DATED 22/02/2024 VIDE ANNEXURE-K, IN SO FAR IT RELATES TO DECLARING OF THE POST OF LIBRARY SUPERVISOR UNDER R6 AS VACANT WHEREIN THE PETITIONER IS ALREADY WORKING. III) DIRECTING THE R4 TO CONTINUE THE SERVICE OF PETITIONER AS LIBRARY SUPERVISOR UNDER COMPASSIONATE GROUND.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner filed this writ petition seeking following reliefs:

I. Issue a writ or a direction or an appropriate order in the nature of Certiorari, quashing the impugned memorandum of clarification passed by the 2nd respondent bearing No. KPRC/ ABHIVRADDI/704/2023 dated 12.02.2024, vide Annexure-J, in so far it effects the appointment/service of the petitioner is concerned.

II. Issue a writ or a direction or an appropriate order in the nature of Certiorari, quashing the impugned meeting notification passed by the 4th respondent bearing No. ZIPAMDA: AA(29): CR-02/2023-24 dated 22.02.2024 vide Annexure-K, in so far it relates to declaring of the post of library supervisor under 6th respondent as vacant wherein the petitioner is already working.

III. Issue a writ or a direction or an appropriate order in the nature of mandamus directing the 4th respondent to continue the service of Petitioner as library supervisor under Compassionate ground.

IV. Issue such other orders and grant such other reliefs deemed fit and proper, in the circumstances of the case, in the interest of justice and equity.

2. Brief facts leading rise to the filing of this petition are as follows:

2.1. The petitioner's father was appointed as a Library Supervisor on a honorarium basis vide memorandum of appointment dated 28.01.1993 with effect from 17.11.1992. The father of the petitioner served respondent No.6-Gram Panchayat for more than 30 years and untimely died on 26.04.2022. After the demise of the petitioner's father, the family was in a financial distress. The petitioner submitted an application for appointment on compassionate ground. The petitioner was appointed vide resolution dated 02.06.2022. Payment was also made to the petitioner from time to time. For the first time, the Department of Personnel and Administrative Reforms (DPAR), on