STATE OF KARNATAKA Vs. PRAMILA VIRUPAKSHAPPA NAGARAL

JUDGEMENT

(1.) The appellant No.2 rejected the respondents' request for appointment of the respondent No.2 on compassionate grounds vide the order dated 26/28.02.2007, and therefore, the respondents filed the writ petition in W.P.No.2885/2008 for quashing of this order dated 26/28.02.2007. The writ petition in W.P.No.2885/2008 is disposed of with a direction to consider the respondents' case for appointment of the respondent No.2 on compassionate grounds to a sanctioned post under an existing vacancy. The direction vide the impugned order is premised on the ground that the application by the respondent No.2 for appointment on compassionate should be considered under the Scheme vide the Official Memorandum dated 22.8.1985 (for short, 'Scheme of 1985') that was prevalent as of the date of the demise of the father of the respondent No.2, Sri Virupaksha. The directions in the writ read as follows:

(2.) It is undisputed that Sri. Virupakshappa, who was working as peon with the appellant No.3, died in harness on 26.04.1995. As of the date of the demise of Sri. Virupakshappa, the respondent No.2 was short a few days from completing nine years. The respondent No.1, his wife, submitted an application on 18.9.1995 with the appellant No.3 informing that her husband died leaving behind a minor son (the respondent No.2), and requesting that her minor son be given appointment on compassionate grounds immediately upon he attaining majority. The respondent No.2, who is born on 5.4.1986, completed 18 years on 5.4.2004, and within a period of 11/2 months i.e., on 20.05.2004, the respondent No.2 filed an application with the appellant No.3 seeking appointment on compassionate grounds. The respondent No.2 requested the authorities to consider his case for appointment on compassionate grounds in conformity with the Scheme of 1985 for appointment on Compassionate Grounds.

(3.) It is undisputed that the State notified Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, 'Rules 1996') inter alia for appointment of the dependent/s of a deceased Government Servant, and these Rules 1996 stipulate in Rule 3(1) that 'Appointment on compassionate Grounds under these rules shall not be claimed as a matter of right and shall not be given as a matter of course'. Further, insofar as the period within which the application for appointment on compassionate grounds should be made, Rule 5 of the Rules 1996 provides as follows: