Mr. Abdul Zulfiqar v. The State of Karnataka

ORDER DATED

27.02.2024 PASSED IN APPLICATION NO.4075/2023 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU VIDE ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

Heard Sri.Abubacker Shafi, learned counsel for the petitioner who appears through video conference and also heard Sri.Vikas Rojipura, learned Additional Government Advocate who appears for the respondents.

¶2Seeking the Court to quash the order that is rendered by the Karnataka State Administrative Tribunal at Bengaluru (for short, 'the Tribunal') in Application No.4075/2023 dated 27.02.2024, this petition is filed.

¶3On the ground that the petitioner is the adopted son of deceased S.Usman Pasha, he submitted a representation for employment on compassionate grounds after the death of Sri.S.Usman Pasha. Through the order dated 06.08.2021, vide order bearing No.gÉëC: vÁ¸ÉÃPÉÃA: PÀqÀPÉƼÀ: G¸Áä£ï¥ÁµÀ: 2:2020-21/52, issued by the Sericulture Extension Officer, Technical Service Centre, Kadakola,

Mysore, the request of the petitioner was disallowed and aggrieved by the same, petitioner approached Tribunal through Application No.4075/2023 seeking the Tribunal to set aside the order passed rejecting his request to grant employment on compassionate grounds and to direct the respondents to consider his case and to provide suitable job on compassionate grounds. The Tribunal dismissed the Application and aggrieved by the same, this writ petition is filed.

¶4Learned counsel for the petitioner submits that petitioner is the adopted son of the deceased S.Usman Pasha. Thus, he is entitled to get employment on compassionate grounds as his father died while in employment. Learned counsel also states that even an adopted son is entitled to get employment on compassionate grounds and therefore his case should have been considered. Learned counsel further submits that the grounds on which his request was dishonored are untenable and thus allowing the writ petition, setting aside

the impugned order passed by the Tribunal, a direction is required to be issued to the concerned authorities to accommodate the petitioner by giving employment on compassionate grounds.

¶5The basis on which the petitioner is claiming employment on compassionate grounds is that, he is the adopted son of the deceased S.Usman Pasha. However, the documents produced by the petitioner himself i.e., the Photostat copy of the SSLC certificate goes to show that he is the son of one Sri Ghouse Mohiddin. No material is produced to establish that he is taken in adoption by Late S.Usman Pasha and thereby he is the son of Late S.Usman Pasha. Without establishing this basic fact, the petitioner is not entitled to claim himself to be the adopted son of deceased S.Usman Pasha and on that basis claim employment on compassionate grounds.

¶6Having observed this fact and on considering other relevant factors, an order was passed disallowing the

request of the petitioner. The Tribunal considering all the factors and the basis on which his request was disallowed, dismissed the Application. Therefore, we find no infirmity in the order passed by the Tribunal which is under challenge in this writ petition. Hence, we ultimately conclude that the writ petition is required to be dismissed.

¶7Resultantly, writ petition stands dismissed.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE

NC CT:bms List No.: 1 Sl No.: 20

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 23779 OF 2024 (S-KSAT) BETWEEN: MR. ABDUL ZULFIQAR S/O. S. USMAN PASHA, AGED ABOUT 25 YEARS, R/AT NO.61, 2ND CROSS, 2ND STAGE, GAYATHRIPURAM, MYSURU-570 019. …PETITIONER (BY SRI. ABUBACKER SHAFI, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF SERICULTURE, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER DEPARTMENT OF SERICULTURE, M.S. BUILDING, BENGALURU-560 001. 3. THE JOINT DIRECTOR OF SERICULTURE Location: High Court of Karnataka LAKSHMIPURAM, MYSURU-570 004. 4. THE DEPUTY DIRECTOR OF SERICULTURE LAKSHMIPURAM, MYSURU-570 004. 5. THE SERICULTURE EXTENSION OFFICER TECHNICAL SERVICE CENTRE, KADAKOLA, MYSURU-571 311. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION TO QUASH THE IMPUGNED