Compassionate Appointment: ‘Divorced’ Daughter Cannot Be Treated At Par With ‘Widowed’ Or ‘Unmarried’ Daughter: Supreme Court

The Supreme Court set aside a Karnataka High Court judgment that held that a separated girl would drop within the same course of an single or widowed girl for the reason of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996.

 The seat of Justices MR Shah and Aniruddha Bose emphasized that standards winning on the date of thought of the application ought to be the premise of thought of claim for compassionate appointment.

 In this case, the summons petitioner’s mother was utilized with the Government of Karnataka as Moment Division Assistant at Mandya District Treasury. After she kicked the bucket, the summons solicitor recorded an application for arrangement on compassionate arrangement. That was rejected on the ground that there’s no arrangement given beneath Rule 3(2)(ii) of Karnataka Respectful Administrations (Arrangement on Compassionate Grounds) Rules 1996 for separated girl. Afterward, the Karnataka High Court coordinated to consider the application. The High Court deciphered Rule 3 and watched that a separated girl would drop within the same course of an unmarried or widowed girl and so, a separated girl needs to be considered on par with ‘unmarried’ or ‘widowed daughter’. In offer, the court summarized the perceptions made almost the give of arrangement on compassionate ground in prior judgments counting the later one on N.C. Santhosh vs. State of Karnataka (2020) 7 SCC 617:

  • that the compassionate appointment is an exemption to the common rule;

 (ii) that no aspirant contains a right to compassionate appointment;

 (iii) the arrangement to any public post within the benefit of the State needs to be made on the premise of the guideline in understanding with Articles 14 and 16 of the Constitution of India,

 (iv) appointment on compassionate ground can be made as it were on satisfying the standards laid down by the State’s policy and/or fulfilment of the qualification criteria as per the policy.

 (v) the norms winning on the date of the thought of the application ought to be the premise for thought of claim for compassionate appointment.

 Referring to the Rules, the court noted that as it were single daughter’ and ‘widowed girl who were subordinate upon the expired female Government worker at the time of her passing and living with her can be said to be ‘dependent of a perished Government servant which an unmarried daughter’ and ‘widowed daughter’ as it were can be said to be qualified for arrangement on compassionate ground within the case of passing of the female Government servant.

 “As watched hereinabove and even as held by this Court within the case of N.C. Santhosh (Supra), the standards winning on the date of thought of the application ought to be the premise of thought of claim for compassionate arrangement. The word ‘divorced girl has been included along these lines by Correction, 2021. In this manner, at the important time when the perished worker passed on and when the first summons solicitor – respondent in this made an application for arrangement on compassionate ground the separated girl were not qualified for arrangement on compassionate ground and the separated daughter’ was not inside the definition of subordinate.”, the court observed.

Case: Director of Treasuries in Karnataka vs. V. Somyashree; CA 5122 OF 2021

Citation: LL 2021 SC 449

Coram: Justices MR Shah and Aniruddha Bose

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