IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106234 OF 2025 (S-RES)

BETWEEN:

SRI. SHIVAYOGI S/O. PUTTAPPA ACHIGERI, AGED 33 YEARS, OCC: UNEMPLOYED, R/O C/O NO. 6 AMBEDKAR NAGAR, CHANNAPAT ROAD, HUBBALLI, DIST: DHARWAD-580004.

… PETITIONER (BY SRI. H. M. DHARIGOND, ADVOCATE)

AND:

1. THE SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE, JEEVAN PRAKASH

100 FEET ROAD GOPALA GOWDA EXTENSION SHIMOGA, DISTRICT: SHIMOGA-577205.

2. THE BRANCH MANAGER (P AND IR)

Digitally signed by LIFE INSURANCE CORPORATION OF INDIA RAKESH S HARIHAR DIVISIONAL OFFICE, JEEVAN PRAKASH L C o o c u a r t t i o o n f : K H ar ig n h ataka, 100 FEET ROAD GOPALA GOWDA EXTENSION Dharwad Bench, SHIMOGA DISTRICT: SHIMOGA-577205.

Dharwad … RESPONDENTS (BY SRI. NARAYAN V. YAJI, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED LETTER DATED 10-03-2025 BEARING NO. P AND IR/2024-25 ISSUED BY THE SECOND RESPONDENT VIDE ANNEXURE-J.

B) A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATIONS DATED 24-2- 2022, 22-02-2025 AND 30-07-2025 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-C,H AND K AND APPOINT THE PETITIONER IN SUITABLE POST ON COMPASSIONATE GROUNDS IN THE DEPARTMENT OF THE RESPONDENTS CORPORATION.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following prayer:

“A. A writ in the nature of certiorari to quash the impugned letter dated 10-03-2025 bearing No. P and IR/2024-25 issued by the second respondent vide ANNEXURE-J B. A writ in the nature of mandamus directing the respondents to consider the applications dated 24- 2-2022, 22-02-2025 and 30-07-2025 submitted by the petitioner vide Annexure-C,H and K and appoint the petitioner in suitable post on compassionate grounds in the department of the respondents corporation.

C. Any other writ or direction of this Hon’ble court is deems fit under the facts and circumstances of the case in the interest of justice and equity.”

2. Heard Shri H.M. Dharigond, learned counsel appearing for the petitioner and Shri Narayan V.Yaji, learned counsel appearing for the respondents.

3. The petitioner is the son of one Puttappa. Puttappa was working as Branch Manager in the Life Insurance Corporation of India, (the LIC for short). He dies in harness on 20.05.2021. The petitioner then submits a representation seeking appointment on compassionate grounds on the score that he is entitled to under the extant rules. The representation did not merit consideration, on the score that there is a dispute between the first wife, or the alleged second wife with regard to distribution of the terminal benefits, and claim for appointment on compassionate grounds subsisted.

4. Learned counsel Shri H.M. Dharigond takes this Court through the documents appended to the petition to demonstrate that the right to compassionate appointment always rests with the family of the deceased and the family of the deceased, as found in the nominee register, is the petitioner and his mother. The petitioner is thus entitled to consideration for compassion appointment, is his submission.

5. Learned counsel Shri Narayan V.Yaji appearing for the respondent would refute the submission contending that there is a proceeding in P & SC No.3 of 2023, which is disposed on 03.01.2024 where there are rival claimants with regard to the terminal benefits or the compassionate appointment as the case would be. He would submit that the terminal benefits have already been distributed in terms of the P & SC No.3 of 2023. But the compassionate appointment is not considered on the score that no objections of all other persons is not produced.

6. I have given my anxious considera