V. SOMYASHREE Vs. DIRECTOR OF TREASURIES

JUDGEMENT

(1.) The case of the petitioner is that, her mother was working as a Second Division Assistant at the office of District Treasury, Mandya. She died on 25.03.2012. The petitioner married on 12.11.2010. Due to certain differences with her husband, M.C.No.81 of 2012 was filed before the Family Court at Mandya seeking for a decree of divorce. By an order dated 20.03.2013, the decree of divorce was granted and the marriage was annulled. Thereafter, she made an application before the respondents seeking appointment on compassionate grounds. The first respondent issued an endorsement rejecting the claim of the applicant on the ground that the provisions of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 is not applicable to her, since she is a divorced daughter. Questioning the same, she filed Application No.6393 of 2015 before the Karnataka Appellate Tribunal. By an impugned order dated 09.12.2015, the application was rejected. Hence, this petition.

(2.) The learned Counsel for the petitioner contends that the petitioner being a divorced daughter, is entitled for a compassionate appointment under the relevant Rules. That ever since she filed an application for divorce, she is staying with her mother. The decree of divorce was granted on 20.03.2013. Therefore, she being a dependent of the deceased mother is entitled to for an appointment on compassionate grounds.

(3.) The same is disputed by the learned Additional Government Advocate. He contends that Rule 3(2)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, prescribes appointment only to a widowed daughter or to an unmarried daughter. The petitioner does not come under any of those categories. Hence, he pleads that there is no error committed by the respondent-authorities. Hence, no interference is called for.