THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU Vs. SRI. SANTHOSH, S/O APPA SAHEB DHARANAYAK, AGE : 33 YEARS, OCC : NIL, R/O HALATTI, CHIKKODI TALUK, BELAGAVI DISTRICT

JUDGEMENT

(1.) The Director General of Police has filed this appeal against the order of the Karnataka Administrative Tribunal, Bengaluru dated 2.7.2015 allowing the application No. 1528/2005 of the respondent Sri. Santosh, who sought compassionate appointment under the provisions of KCS (Appointment on compassionate grounds) (Amended) Rules, 1998.

(2.) The brief facts leading to the present writ petition filed by the State Government as noticed by the learned Tribunal below are as under:

(3.) The learned counsel for the petitioner State Mr. M. Kumar, argues before the Court that the compassionate appointment is not a matter of right and being a concession, the same cannot be claimed as a matter of right by the respondent. He submitted that since in the present case, the respondent Santosh was not even born on the relevant date, namely the date of death of his father while in service on 11.10.1981, there is no question of considering his case for compassionate appointment after about 19-20 years, when he attained majority on 11.06.2000 and applied for the such employment under the Rules of 1998 on 22.07.2000. Since the very Rules of 1998 would not be applicable to his case, the amendment of Rule 5 with effect from 01.04.1999, to the effect that an application under such case can be made within one year of attaining majority, would not apply to the facts of the present case at all and therefore the impugned order of the learned Tribunal directing the petitioner -Superintendent of Police, Belagavi to consider his application and case in accordance with amended Rules of 1998 cannot be sustained.