SUJEETHKUMAR D GHATKE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SRI Sharatkumar D. Ghatke, brother of the appellant died while in service in the year 1995. Appellant being the brother filed an application for appointment on compassionate ground on 14-3-1995. State of Karnataka enacted Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, "the 1996 Rules" ). Prior to the coming into force of the 1996 Rules, appointment on compassionate ground was governed by the Government Instructions No. DPAR 30 SSR 84, dated 22nd August, 1985 (for short, "the 1985 Instructions" ). Under the 1985 Instructions, a brother could claim appointment on compassionate ground. Application filed by the appellant was rejected by the respondents on 25-2-1997 on the ground that a brother was not entitled to appointment on compassionate grounds in view of the 1996 Rules.

(2.) APPELLANT being aggrieved, filed writ petition challenging the 1996 rules insofar as it restricted the appointment to the widow, son and unmarried daughter of the deceased Government servant. Under the 1996 Rules, dependents of the deceased were entitled for appointment on compassionate ground and the words "dependent" and "family" have been defined under Rule 2 as follows:

(3.) ANOTHER contention raised by the appellant was that since his brother had died before coming into force of the 1996 Rules, his application was required to be dealt with under the 1985 Instructions. Learned single Judge negatived this contention by relying upon sub-rule (1) of rule 9 of the 1996 Rules which reads as under: