New Delhi: TheSupreme Court on Monday ruled that under Karnataka law, a dependent on a government servant at the time of his death and the "unmarried daughter" and the "widow daughter" residing with him on compassionate grounds after his death. Eligible for appointment on and can be said to be dependent.
The apex court passed this judgment while examining the Karnataka Civil Services (Appointment on Compassionate Ground) Rules, 1996, and observed that it does not include 'divorced daughter' for appointment on compassionate grounds and the amendment has been added in 2021.
A bench of Justices MR Shah and Aniruddha Bose observed that appointment to a post in the service of the state government has to be made on the basis of principles in accordance with Articles 14 and 16 of the Constitution and compassionate appointment is an exception to the general rules.
The bench said that after the death of a government employee, his dependent is considered eligible under the policy on compassionate appointment and he has to follow the rules laid down in the policy of the state government.
The apex court made this observation while setting aside a decision of the Karnataka High Court. The court had set aside the order of the Karnataka State Administrative Tribunal, Bengaluru on the issue. The High Court had directed the Director of Treasuries in Karnataka and others to consider the application of a 'divorced daughter' for compassionate appointment.
The top court said that rules two and three of the Karnataka Civil Services (Appointment on Compassionate Ground) Rules, 1996 do not include 'divorced daughter' as eligible or as dependent for appointment on compassionate grounds.