IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.19002 OF 2025 (S-KSAT)

BETWEEN:

1. THE STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCE, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. THE COMMISSIONER, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCE, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

Digitally Signed by REKHA R 3. THE DEPUTY DIRECTOR, Location : DEPARTMENT OF ANIMAL HUSBANDRY High Court AND VETERINARY SCIENCE, of Karnataka CHITRADURGA, CHITRADURGA DISTRICT - 577 501.

…PETITIONERS (BY SRI. V. SHIVA REDDY, AGA)

AND:

1. PRAVEEN KUMAR, S/O LATE K JAYARAMUDU, AGED ABOUT 24 YEARS, RESIDING AT MEERASABIHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 536.

…RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH / SET ASIDE THE ORDER DATED 02.01.2024 IN APPLICATION NO.2846/2023 VIDE ANNEXURE-A PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND ETC.

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

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD AND HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

The State of Karnataka by its Principal Secretary and others, is in this petition before us calling in question the order dated 02.01.2024 in Application No.2846/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru, [for short, ‘the Tribunal’], allowing the application, setting aside the impugned endorsement dated 29.10.2021, passed by the first respondent and further direction to consider the case of the respondent herein for appointment on compassionate grounds, if he is otherwise entitled in a time bound manner.

2. The parties are referred to as per their rankings before the Tribunal.

3. A factual matrix leading to filing of the present petition are as under:-

The applicant is the adopted son of Sri.K.Jayaramudu.

He was adopted on 29.03.2005, by way of deed of adoption, registered with the Jurisdictional Sub-Registrar being document No.CLK-4-00022-2004-05, stored in CD.No.CLKD7 (Annexure-A1).

4. Sri. K.Jayaramudu, entered into service with the second respondent department as group 'D' employee. He died on 20.01.2019, while working as Veterinary Assistant in Primary Veterinary Health Center, Obalapura, Challakere Taluk.

5. The applicant being the adopted son, submitted an application on 03.08.2021 through the Deputy Director, Department of Animal Husbandry and Veterinary Science, Chitradurga with all the necessary particulars. The application was then forwarded by third respondent to second respondent vide letter dated 06.08.2021. The appointing authority rejected the application on the ground that in terms of Rule 2B of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 1996 (for short 'Rules, 1996'), the applicant is not entitled to be appointed on compassionate grounds (Annexure-A5).

6. Aggrieved by the order of rejection, the applicant was before the Tribunal in Application No.2846/2023 inter alia urging mainly on the Rule 2B of Rules, 1996, contending that in the said Rule, there is no specific exclusion of adopted son from the definition of the term 'family'. He further contended that Rule 2(A) of the said Rule defines term "dependent" of a deceased Government servant, which states that he should be a member of the family of the deceased Government servant who was living with and dependent on the deceased Government servant and who fulfils conditions specified in explanation to Sub Rule (1) of Rule 4.

7. It was further contention of the applicant that, being an adopted son he is dependent on the deceased's Government servant and was living with him till hi