Smt. Rashmi K Lokare W/O Kedar Vs North West Karntaka Road Transport Corporation

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NC: 2025:KHC-D:9080 WP No. 104293 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF JULY 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104293 OF 2023 (S-RES)

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BETWEEN:

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SMT. RASHMI K. LOKARE W/O. KEDAR, AGED ABOUT 31 YEARS, R/AT. NO.45, GROUND FLOOR, 4^TH MAIN, 17^TH CROSS, M.V. NAGAR, RAMAMURTHY NAGAR, BANGALORE-560016.

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…PETITIONER

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(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

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AND:

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NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, GADAG DIVISION, GADAG-582101.

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NORTH CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, GADAG DIVSION, GADAG-582101.

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…RESPONDENTS

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Digitally signed by B LAVANYA

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. N.S. KINI, ADVOCATE FOR R1 & R2)

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

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a) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO. VAKARASAA/GAVI/ SIBBANDI/NEMAKA/339 DATED 16.06.2020 PASSED BY THE RESPONDENT NO.2 AS PER ANNEXURE-M.

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b) ISSUE A WRIT OF MANDAMUS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER DATED 25.10.2018 AS PER ANNEXURE-J AND ETC.

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NC: 2025:KHC-D:9080 WP No. 104293 of 2023

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HC-KAR

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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This petition is filed by the petitioner seeking to quash the endorsement bearing No.vakarasaa/gavi/ sibbiandi/nemaka/339, dated 16.06.2020 by the 2^nd respondent vide Annexure-M. The father of petitioner working in N.W.K.R.T.C. Department as a ‘Paarupattedhara’ in Mundaragi division, due to his illhealth, died on 29.09.2011.

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According to learned counsel for the petitioner, father of the petitioner was the sole bread winner of his family and he has left behind his wife and two daughters. The wife of the deceased has not got re-married and she does not intend to do so. Accordingly, the elder sister of the petitioner filed an application for job on compassionate ground before the respondent/Department. After consideration of the same, the Divisional Security Invigilator of N.W.K.R.T.C., sent a reply to the application

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3 - NC: 2025:KHC-D:9080 WP No. 104293 of 2023

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HC-KAR

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submitted by the mother of petitioner stating that as per the education qualification and according to the rules of the Department, she would be eligible for the posts of Junior Assistant, Conductor and Technical Assistant and that the currently those posts are not available and till the post gets vacant, the claim of the applicant kept in abeyance.

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In view of elder sister of the petitioner being highly qualified and such post was not available in the Department, the elder sister did not pursue the job.

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This being the state of affairs, the petitioner sent a letter to the Divisional Controller on 25.10.2018 for grant of job on compassionate ground stating that her education qualification is bachelor of commerce (B.Com.). Accordingly, the appointment letter was sent to the petitioner on 31.01.2019 as the Data Entry Operator. Subsequently, the elder sister of the petitioner also filed an affidavit. She has no job and sought for her

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4 - NC: 2025:KHC-D:9080 WP No. 104293 of 2023

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HC-KAR

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appointment on compassionate ground. The Divisional Regulating Officer, N.W.K.R.T.C., Gadag Division, issued an endorsement dated 16.06.2020 to the mother of petitioner stating that the job cannot be granted to the petitioner on compassionate ground as it was confirmed by the mother of the petitioner that the petitioner is married.

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Learned counsel for the petitioner relies upon a Judgment passed in Writ Petition No.17788/2018(SRES) by a co-ordinate bench of this Court in the case of Bhuvaneshwari V. Puranik vs. State of Karnataka , reported in 2021 (1) AKR 444 by contending that even married daughter is eligible for the appointment on compassionate ground.

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In view of the above said Judgment rendered by the co-ordinate bench of this Court, he contends that the present petition be allowed and the petitioner be provided job on compassionate ground.

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5 - NC: 2025:KHC-D:9080 WP No. 104293 of 2023

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HC-KAR

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Learned counsel Sri N. S. Kini, appearing for

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respondents No.1 and 2/N.W.K.R.T.C. does not dispute the provision of law and rules regarding the appointment on compassionate ground and so also the Judgment of this

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Court passed in Writ Petition No.17788/2018(S-RES).

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Having heard learned counsel for the petitioner and respondents No.1 and 2. I do not find issue to be any more res integra with regard to the appointment of persons on compassionate ground so also in view of the Judgment rendered by a co-ordinate bench of this Court in the case of Bhuvaneshwari’s stated supra . Accordingly,

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I pass the following :

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ORDER

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(i) Petition is allowed.

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(ii) Writ of certiorari is issued quashing the endorsement bearing No.vakarasaa/

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gavi / sibbandi / nemaka / 339 dated

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NC: 2025:KHC-D:9080 WP No. 104293 of 2023

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HC-KAR

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16.06.2020 issued by the 2^nd respondent

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vide Annexure-M.

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(iii) Writ of mandamus is issued to respondents No.1 and 2 to provide appointment to the petitioner on compassionate ground for the death of Sri Krishna Kamalakar Lokare.

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(iv) The above said exercise shall be completed within six weeks from the date of receipt of copy of this order.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CKK CT-MCK List No.: 1 Sl No.: 35

Smt. Rashmi K Lokare W/O Kedar v. North West Karntaka Road Transport Corporation

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Smt. Rashmi K Lokare W/O Kedar v. North West Karntaka Road Transport Corporation

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