V. RAKESH Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner herein, an unsuccessful applicant in Application No.8045/2016 on the file of the Karnataka State Administrative Tribunal, Bengaluru, ['Tribunal', for short] has come up in this writ petition impugning the order dated 28.11.2017 passed therein.

(2.) The brief facts leading to this writ petition are as under:

(3.) Admittedly, this application is filed sixteen years after the death of Smt. R. Renuka Devi. Though the prayer of the petitioner herein is that the application which was filed immediately within one year from the date of death of his mother was rejected on the ground that the applicant C. Venkatesh, father of the present petitioner, was over aged, therefore option is still available to him to seek appointment on compassionate grounds. However, the same is rejected by the Tribunal citing Rule 5 of the Karnataka Civil Services [Appointment on Compassionate Grounds] Rules, 1996 on the ground that the applicant who was minor during the period when his mother died, had not attained the age of majority within one year from the date of death of the Government servant. However, the scope of said Rule is clarified by the Tribunal in paragraph-4 of its order which is as under: