STATE OF KARNATAKA Vs. P JAGADISH

JUDGEMENT

(1.) The State of Karnataka has filed the present writ petition in this Court aggrieved by the order and judgment of the Karnataka Administrative Tribunal dated 28.08.2015 in Application No.9392/2005 P. Jagadish Vs. The State of Karnataka and others directing the authorities of the State namely, Commissioner of Public Instructions Dharwad and Deputy Director of Public Instructions, Bidar to consider the application of the petitioner for compassionate appointment under the provisions of Karnataka Civil Services (Appointment on Compassionate Grounds), Rules 1996 (for short the 'Rules') as in force as on 24.11.1997 when his father, a Government servant, unfortunately expired leaving behind a widow and the petitioner, the son Jagadish, who was a minor on the date of death of his father and attained majority only on 22.05.2000.

(2.) The application seeking compassionate appointment was filed by the present applicant in the first instance on 16.11.1998 vide Annexure-A2 but in view of minority of age of the petitioner, the said application was kept pending and when he became major in the year 2000, he reiterated his request for such compassionate appointment by filing another application before the respondents on 12.07.2000. This application came to be rejected vide Order dated 14.07.2005 Annexure-A11 passed by respondent No.4 applying the later amended provisions of Rule 5 of the Rules vide Government Notification dated 24.11.2000 and 27.05.2004.

(3.) The learned Tribunal allowed the application filed by the applicant with the following observations: