N.C. SANTHOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted in SLP(C) No. 34878/2013 and SLP(C) No. 24169/2015

(2.) The appellants here were the beneficiary of compassionate appointments. But on the discovery that their appointments were made dehors the provisions of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 as amended w.e.f. 1.04.1999, (hereinafter referred to as the "Rules"), those appointments came to be cancelled. The amendment to the proviso to Rule 5 stipulated that in case of a minor dependant of the deceased government employee, he/she must apply within one year from the date of death of the government servant and he must have attained the age of eighteen years on the day of making the application. Before amendment, the minor dependant was entitled to apply till one year of attaining majority.

(3.) When their service was terminated the aggrieved appointees approached the Karnataka Administrative Tribunal at Bangalore (hereinafter referred to as the "Tribunal"). But the Tribunal found that appellants were ineligible for appointment under the Rules and accordingly dismissed the related applications. The resultant writ petitions were dismissed by the High Court of Karnataka at Bangalore, leading to the present appeals.