The Karnataka High Court, Dharwad Bench, has allowed a writ petition filed by the family members of a deceased driver of the Karnataka Road Transport Corporation (KSRTC) and directed the corporation to appoint his brother on compassionate grounds. The order was delivered on 19 August 2025 by Justice Suraj Govindaraj in Smt. Mantavva & Sri Sanganna vs The Divisional Controller, K.K.R.T.C., Ballari Division (Writ Petition No. 101661 of 2025).
Case Background
The petitioners, Smt. Mantavva (mother) and Sri Sanganna (brother) of late Veeresh Mantappa Lolasar, approached the court after KSRTC rejected their plea for compassionate appointment. Veeresh, who was employed as a driver with the corporation since March 2008, passed away in service on 21 September 2023.
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Following his death, the family applied for compassionate appointment in favor of his brother, Sri Sanganna. However, KSRTC rejected the application on 4 November 2024, stating that since the deceased employee was married, his brother was not eligible for such an appointment.
Counsel for the petitioners argued that although Veeresh was married, his wife Sunanda had predeceased him on 9 April 2022, and the couple had no children. After her death, Veeresh had been supporting his mother and brother. It was contended that in these circumstances, denying compassionate appointment to the brother was unjust and contrary to the very purpose of such employment.
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The counsel for KSRTC maintained that as per its policy, if a deceased employee was married, only the surviving spouse or children could be considered for compassionate employment. Since Veeresh was married, his brother’s claim could not be entertained.
Justice Govindaraj rejected KSRTC’s reasoning, emphasizing the purpose of compassionate employment.
The ambit and purport of appointment on compassionate basis is to ensure that the family of the deceased employee is taken care of and the exigencies due to the death ought not to result in a financial burden to the family, the court observed.
The court noted that with no surviving spouse or children, the deceased’s brother, who had undertaken the responsibility of caring for their mother, was entitled to be considered.
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“If the spouse of the employee had predeceased the employee and there are no children, the mere marriage of the deceased employee cannot be a ground to reject an application for compassionate appointment,” the judge stated.
The High Court allowed the petition and issued a writ of certiorari quashing KSRTC’s rejection. The court directed KSRTC to appoint Sri Sanganna to a suitable post according to his qualifications within twelve weeks. It also granted liberty to the mother to seek cancellation of the appointment if her son failed to take care of her.
Case Title:Smt. Mantavva & Sri Sanganna vs The Divisional Controller, K.K.R.T.C., Ballari Division
Case No.:Writ Petition No. 101661 of 2025 (S-KSRTC)
