Sri.C.R.Pramod Vs Karnataka Power Transmission Corporation Limited (Kptcl)

SRI. C.R. PRAMOD S/O. RAMEGOWDA, AGED ABOUT 38 YEARS, R/OF CHANNANAKERE VILLAGE, JAKKANAHALLI POST, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571807. …PETITIONER

¶11

(BY SRI. BALARAJ A C., ADVOCATE)

¶12

AND:

¶13

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

¶14

KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) A GOVERNMENT OF KARNATAKA UNDERTAKING, REP. BY ITS MANAGING DIRECTOR, KAVERI BHAVAN, K.G.ROAD, BENGALURU 560001.

¶15

THE CHIEF MANAGER, (ADMINISTRATION AND MAINTENANCE DIVISION), CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, A GOVERNMENT OF KARNATAKA UNDERTAKING, CORPORATE OFFICE, CESC, MYSURU-570017.

¶16

2 - NC: 2025:KHC:47475 WP No. 17540 of 2025

¶17

HC-KAR

¶18

THE EXECUTIVE ENGINEER (ELE), CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, A GOVERNMENT OF KARNATAKA UNDERTAKING, T.L. AND S.S. DIVISION, PRASARANA BHAVAN, 2^ND FLOOR, N.R.MOHALLA, MYSURU-570007.

¶19

THE EXECUTIVE ENGINEER(ELE), (CIVIL WORKS DIVISION), KPTCL, MANDYA-570001.

¶20

…RESPONDENTS

¶21

(BY SMT. PADMA S UTTUR, ADVOCATE)

¶22

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE IMPUGNED ENDORSEMENT BEARING NO.SESAI/AA AND MAASAM/02/18/2024-25/35283 DTD 25.3.2025 ISSUED BY THE 2^ND RESPONDENT MARKED AS ANNEXURE-G AND DIRECT THE RESPONDENTS TO CONSIDER TO CLAIM OF THE PETITIONER FOR APPOINTMENT ON COMPASSIONATE GROUNDS BY TAKING THE DATE OF DEATH OF THE DECEASED EMPLOYEE OF THE CORPORATION AS THE DATE OF ACCRUAL OF CAUSE OF ACTION TO THE PETITIONER FOR CLAIMING APPOINTMENT ON COMPASSIONATE GROUNDS AND TO APPOINT THE PETITIONER ON COMPASSIONATE GROUNDS TO ANY POST, FORTHWITH.

¶23

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

¶24

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

¶25

3 -

¶26

NC: 2025:KHC:47475 WP No. 17540 of 2025

¶27

HC-KAR

¶28

ORAL ORDER

¶29

The petitioner has filed this writ petition seeking following reliefs:

¶30

" i) Issue a writ in the nature of certiorari to quash the impugned endorsement bearing No.SeSK/Aa& MaaSam/02/18/2024-25/35283 dated 25.3.2025 issued by 2^nd respondent marked as Annexure-G;

¶31

ii) Issue a writ in the nature of mandamus directing the respondents to consider to claim of the petitioner for appointment on compassionate grounds by taking the date of death of the deceased employee of the corporation as the date of accrual of cause of action to the petitioner for claiming appointment on compassionate grounds and to appoint the petitioner on compassionate grounds to any post, forthwith.

¶32

iii) Issue such other writ, order or directions as deems fit in the circumstances of the case and allow the above writ petition with costs, in the interest of justice and equity."

¶33

4 -

¶34

NC: 2025:KHC:47475 WP No. 17540 of 2025

¶35

HC-KAR

¶36

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

¶37

One Sri.C.R.Pradeep, brother of the petitioner, joined as an Assistant Lineman in Karnataka Power Transmission Corporation Ltd. ("KPTCL") on 12.10.2007. He passed away leaving behind the petitioner. The respondents, on 08.11.2021, introduced an amendment to the Karnataka Electricity Board Employees' Recruitment (Appointment on Compassionate Grounds) Regulations, 1997, whereby Rule No.2(b)(iii) was amended to the effect that even the brother and sister of the unmarried employee of the KPTCL were made eligible to claim appointment on compassionate grounds. On account of the untimely death of C.R.Pradeep, the petitioner was in a financial distress and he being a dependent on his brother i.e., C.R.Pradeep, submitted an application

¶38

5 - NC: 2025:KHC:47475 WP No. 17540 of 2025

¶39

HC-KAR

¶40

for appointment on compassionate grounds to enable him to bring the family members out of financial crisis.

¶41

Respondent No.4, by correspondence addressed in favour of mother of the petitioner, informed him for filing an application along with the necessary enclosures mentioned in the correspondence to claim the appointment on compassionate grounds.

¶42

The petitioners submitted an application on 24.10.2024. After a lapse of six months, respondent No.2 issued an endorsement stating that the petitioner has crossed 38 years age, as such the petitioner is age-barred for being appointed on compassionate grounds. Hence, the petitioner filed this writ petition.

¶43

The respondents filed a statement of objections contending that the petitioner is over-aged. Hence, the petitioner is not eligible for appointment on

¶44

6 - NC: 2025:KHC:47475 WP No. 17540 of 2025

¶45

HC-KAR

¶46

compassionate grounds as per Rule 6(3) of the Karnataka Civil Services (General Recruitment) Rules, 1977, as specified in Rule 4(2) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996. Hence, prays to dismiss the petition.

¶47

Heard the learned counsel for the petitioner and learned counsel for the respondents.

¶48

Learned counsel for the petitioner submitted that C.R.Pradeep was the brother of the petitioner. He died leaving behind the petitioner. He also submitted that the respondents have amended the Rules of Appointment on Compassionate Grounds and included the brother and sister of deceased unmarried employee. He submitted that the petitioner submitted an application for appointment on compassionate grounds. Respondent No.2 issued

¶49

7 -

¶50

NC: 2025:KHC:47475 WP No. 17540 of 2025

¶51

HC-KAR

¶52

an endorsement stating that the petitioner is aged about 38 years 4 months and 3 days.

¶53

He submitted that the Karnataka Civil Services (General Recruitment) Rules, 1977 was amended in 2022 whereby the Age limit was relaxed by three years. The said aspect was not considered by the respondents and passed the impugned endorsement.

¶54

As per sub-rule (2) of Rule 6¹ of the Karnataka Civil Services (General Recruitment) Rules, 1977 (Amendment 2020), which provides for the maximum age limit shall be deemed to have been enhanced by 5 years in case of a candidate belonging to any of the Scheduled Castes or Scheduled Tribes

¶55

6. Age limit for Appointment.— (1) x x x

¶56

1 [(2) Where maximum age limits other than age limits specified in sub-rule (I) are fixed for recruitment for any service or post then unless the rules of recruitment provided for enhanced age limit in the case of a person belonging to Scheduled Castes, Scheduled Tribes, Category-I, Category-II(a), Category-II(b), Category III(a), Category III(b) of Other Backward Classes, the maximum age limits shall be deemed to have been enhanced by five years in the case of a candidate belonging to any of the Scheduled Castes or Scheduled Tribes or Category I of Other Backward Classes and by three years in the case of a candidate belonging to any of the Category II(a) or Category II(b) Or Category III(a) or Category III(b) of Other Backward Classes].

¶57

1Sub-rule (2) substituted by GSR 97, dated 25.07.1995 w.e.f. 10.08.1995

¶58

8 - NC: 2025:KHC:47475 WP No. 17540 of 2025

¶59

HC-KAR

¶60

or Category I of Other Backward Classes, and by three years in case of a candidate belonging to any of the Category II(a) or II(b) or category III(a) or Category III(b) of Other Backward Classes. Hence, on these grounds prays to allow the writ petition.

¶61

Per contra, learned counsel for the respondents submits that as per Rule 6(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977, the candidate who has applied under Category III(a) must be below the age of 38 years. Admittedly, in the instant case, the petitioner is more than 38 years. Hence, he clearly exceeds the age limit. Thus, the petitioner is not entitled for an appointment on compassionate grounds and the respondents have rightly issued an endorsement. Hence, she prays to dismiss the petition.

¶62

Perused the records and considered the submissions of the learned counsel for the parties.

¶63

9 -

¶64

NC: 2025:KHC:47475 WP No. 17540 of 2025

¶65

HC-KAR

¶66

It is an undisputed fact that C.R.Pradeep was working in the respondent-Corporation. He died leaving behind the petitioner and his sister. After his demise, the petitioner has submitted an application for appointment on compassionate grounds on 24.10.2024. On the date of submitting the application by the petitioner, he has aged about 38 years 4 months 3 days.

¶67

To consider the case on hand, it is necessary to examine sub-rule (2) of Rule 4² of the Karnataka Civil Services (Appointment on compassionate grounds) Rules, 1996 , which provides for a person

¶68

2 4. Conditions of Appointment:- Appointment on compassionate grounds under these rules shall be subject to the following conditions, namely:-

¶69

(1) x x x

¶70

(2) Person seeking appointment shall be within the age limit specified for the post in the relevant rules of recruitment specially made in respect of any service or post read with sub rule (3) of rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977 and where it is not so specified such person shall be within the age limits specified in the Karnataka Civil Services (General Recruitment) Rules, 1977.

¶71

1[Provided that, the age specified above shall not apply to widow or widower of the deceased Government servant, who seeks appointment under these rules. The age limit for these dependents shall not exceed fifty-five years at the time of submitting application.]¹

¶72

1.Inserted Vide Notification No. DPAR 26 SCA 2018, Dated: 09.04.2021

¶73

10 - NC: 2025:KHC:47475 WP No. 17540 of 2025

¶74

HC-KAR

¶75

seeking appointment shall be within the age limit specified for the post in relevant rules of recruitment specially made in respect of any service or post read with sub-rule (3) of Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977, and wherein it is not so specified, such a person shall be within the limits specified in Karnataka Civil Services (General Recruitment) Rules, 1977. The proviso thereto provides that, the age specified above shall not apply to widow or widower of the deceased Government servant, who seeks appointment under these Rules. The age limit for these dependents shall not exceed 55 years at the time of submitting application.

¶76

Further, Rule 6 of Karnataka Civil Services (General Recruitment) Rules, 1977, which prescribes the age limit for appointment on compassionate grounds, reads as follows:

¶77

11 -

¶78

NC: 2025:KHC:47475 WP No. 17540 of 2025

¶79

HC-KAR

¶80

6. Age limit for Appointment.-- (1) Save as otherwise provided in the rules of recruitment specially made and applicable to any service or post prescribing higher age limit, every candidate for appointment by direct recruitment must have attained the age of eighteen years and not attained the age of, -

¶81

(a) forty years in the case of a person belonging to any of the Scheduled Castes or Scheduled Tribes or Category-1 of the Backward Classes;

¶82

(b) thirty eight years in the case of a person belonging to any of the category-II(a) or II(b), III(a) or III(b) of Other Backward Classes ; and

¶83

(c) thirty five years in the case of any other person,

¶84

on the last date fixed for the receipt of applications or on such other date, as may be specified by the Appointing Authority."

¶85

(emphasis supplied)

¶86

12 -

¶87

NC: 2025:KHC:47475 WP No. 17540 of 2025

¶88

HC-KAR

¶89

Clause (b) sub-Rule (1) of Rule 6 provides the age

¶90

limit 38 years in case of a person belonging to any of the category II(a) or II(b), III(a) or III(b) of Other Backward Classes.

¶91

In the instant case, the petitioner belongs to category III(a) as evidenced by the service particulars produced at Annexure ‘A’, and the age limit fixed for appointment of a candidate under category III(a) of Other Backward Classes is 38 years.

¶92

Admittedly, the petitioner was aged about 38 years 4 months 3 days, as such, the petitioner is not eligible for appointment on compassionate grounds, as he clearly exceeded the age limit prescribed in clause (b) of Sub-Rule (1) of Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977.

¶93

The respondents, considering the Karnataka Civil Services (General Recruitment) Rules, 1977, have

¶94

13 - NC: 2025:KHC:47475 WP No. 17540 of 2025

¶95

HC-KAR

¶96

rightly held that the petitioner is over-aged and is not entitled for appointment on compassionate grounds and has rightly issued the impugned endorsement. I do not find any error in the impugned endorsement.

¶97

Accordingly, I proceed to pass the following order:

¶98

ORDER

¶99

(i) The writ petition is dismissed .

¶100

(ii) In view of the dismissal of the writ petition, pending interlocutory applications do not survive for consideration and are disposed of accordingly.

¶101

Sd/(ASHOK S.KINAGI) JUDGE

¶102

RK

¶103

List No.: 1 Sl No.: 19

Sri.C.R.Pramod v. Karnataka Power Transmission Corporation Limited (Kptcl)

Case brief

What is this about?

What did the court decide?

Sri.C.R.Pramod v. Karnataka Power Transmission Corporation Limited (Kptcl)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Chandrakantha Vs the State of Karnataka

Sri H v Venkatesh Vs State Bank of Mysore

Gangamma Vs Sharadamma

Sri Kunthanath Jain Swetambara Vs H R Prasad

Smt. Malligamma Vs Sri Gangaiah

Smt Lakshmamma Vs Managing Director