THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
PANDAPPA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 108642/2016
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 1ST DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108642 OF 2016 (S-RES)
BETWEEN:
PANDAPPA S/O. SHIVALINGAPPA GORAJANAL,
AGE: 33 YEARS, OCC: PEON,
THE JAMAKHANDI URBAN CO-OP BANK
JAMAKHANDI, R/O GALAGALI
TQ: BILAGI, DIST: BAGALKOT.
…PETITIONER
(BY SRI. P. N. HOSAMANE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF CO-OPERATIVE,
M S BUILDING, BENGALURU-1.
Digitally signed by
RAKESH S HARIHAR
2. THE JOINT REGISTRAR,
Location: High
Court of Karn ataka, OF CO-OPERATIVE SOCIETIES,
Dharwad Bench,
Dharwad DIVISION BELAGAVI,
BELAGAVI.
3. THE ASSISTANT REGISTRAR,
OF CO-OPERATIVE SOCIETIES,
BAGALKOT.
4. THE ASSISTANT REGISTRAR,
OF CO-OPERATIVE SOCIETIES,
JAMAKHANDI
DIST: BAGALKOT.
5. THE JAMAKHANDI URBAN CO-OPERATIVE BANK, JAMAKHANDI DIST: BAGALKOT.
REPRESENTED BY ITS PRESIDENT.
6. THE JAMAKHANDI URBAN CO-OPERATIVE BANK, JAMAKHANDI, DIST: BAGALKOT, REPRESENTED BY ITS MANAGER.
7. THE JAMAKHANDI IURBAN CO-OPERATIVE BANK, JAMAKHANDI, BRANCH GALAGALI TQ: BILAGI DIST: BAGALKOT, REPRESENTED BY ITS BRANCH MANAGER.
…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, AGA FOR R1 TO R4;
SRI. ANIL KALE, ADV. FOR R5 TO R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.5 AND 6 TO CONSIDER THE CASE OF PETITIONER FOR COMPASSIONATE APPOINTMENT BY IMPLEMENTING THE DIRECTIONS ISSUED BY THE RESPONDENT NO.3 DATED 10.07.2015 IN KRA SAM.AR8/RSR/ NEMAKAATI/CR- 117/2015-16 AS PER ANNEXURE-H AND ALSO IMPLEMENT THE DIRECTIONS ISSUED AS PER ANNEXURE-J DATED:11.08.2015 in NO.KUBF/212/2015-16 TO THE WRIT PETITION BY APPOINTING THE PETITIONER FOR THE POST OF PEAON ON COMPASSIONATE APPOINTMENT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, 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.
“Directing the respondent no.5 and 6 to consider the case of petitioner for compassionate appointment by implementing the directions issued by the Respondent No.3 dated:10.07.2015 in KRA SAM.AR8/RSR/ NEMAKAATI/CR-117/2015-16 as per Annexure-H and also implement the directions issued as per Annexure-J dated:11.08.2015 in No.KUBF/212/2015-16 to the writ petition by appointing the petitioner for the post of peon on compassionate appointment and any other writ, order or direction as deemed fit be granted in the interest of justice.”
2. Heard the learned counsel Sri. P.N. Hosamane appearing for the petitioner, learned counsel Sri. Anil Kale for respondent Nos.5 to 7 and the learned HCGP for respondent Nos.1 to 4.
3. The father of the petitioner was appointed as a peon in the Jamkhandi Urban Co-operative Bank, the respondent No.6. The father of the petitioner on the verge of retirement from service or attaining the age of superannuation suffers paralytic stroke and submits his resignation on 26.06.2013. Contemporaneously, the father of the petitioner also submits a representation seeking appointment on compassionate grounds to the son, the present petitioner. It transpires that the father of the petitioner later has died, but not in harness, but due to ill health. The representation of the petitioner seeking appointment on compassionate grounds as was sought by the father is not considered. Therefore, the petitioner is before this Court in the subject petition.
4. The learned counsel appearing for the respondents submits that the petitioner is not entitled to any appointment on compassionate grounds on the score that the father of the petitioner had completed complete service. What was left was only 2 months. Therefore, it should be construed that the father of the petitioner retired on medical grounds and cannot be granted compassionate appointment under the dying in harness scheme. Nonetheless, the representation of the petitioner is pending consideration at the hands of the respondents.
5. Therefore, I deem it
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