NDLI: The Director of Treasuries in Karnataka & Anr.v. V. Somyashree Vs. V. Somyashree

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Compassionate appointment – Plea of – Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996 – rr. 2 and 3 – Mother of the original writ petitoner was employed with the Government of Karnataka as Second Division Assistant – She died on 25.03.2012 – After her death, her daughter- original writ petitioner initiated a divorce proceeding for divorce by mutual consent u/s.13B of the Hindu Marriage Act, 1955 – On 20.03.2013, she obtained a decree of divorce by mutual consent – On 21.03.2013, the original writ petitioner submitted an application for appointment on compassionate ground – Her application was rejected – Karnataka State Administrative Tribunal also dismissed her application – However, the High Court directed the appellants to consider the application of the original writ petitioner for grant of compassionate appointment – The High Court held that a divorced daughter would fall in the same class of an unmarried or widowed daughter – On appeal, held: From Rule 2 and Rule 3 of the Rules, 1996 it can be seen that only ‘unmarried daughter’ and ‘widowed daughter ’ who were dependent upon the deceased female Government servant at the time of her death and living with her can be said to be ‘dependent’ of a deceased Government servant and are eligible for appointment on compassionate ground – Rule 2 and Rule 3 do not include ‘divorced daughter’ as eligible for appointment on compassionate ground and even as ‘dependent’ – The word ‘divorced daughter’ has been added subsequently by Amendment, 2021 – However, in the instant case, at the relevant time when the deceased employee died and when the original writ petitioner made an application for appointment on compassionate ground the ‘divorced daughter’ was not eligible for appointment on compassionate ground and the ‘divorced daughter’ was not within the definition of ‘dependent’ – Further, the chronology of dates and events i.e. on 20.03.2013 decree of divorce by mutualconsent was obtained and on 21.03.2013 an application was submitted for appointment, the same would suggest that only for the purpose of getting appointment on compassionate ground the decree of divorce by mutual consent was obtained – Also, at the time when the deceased employee died she was a married daughter and therefore, also cannot be said to be ‘dependent’ as defined under Rule 2 of the Rules 1996 – Therefore, considering the facts and circumstances of the case, the High Court ought not to have directed the appellants to consider the application of the respondent herein for appointment on compassionate ground as ‘divorced daughter’ – Thus, the impugned judgment and order passed by the High Court is hereby quashed and set aside.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2021 INSC 472
Petitioner	The Director Of Treasuries In Karnataka & Anr.v. V. Somyashree
Respondent	V. Somyashree
SCR	[2021] 7 S.C.R. 649
Judgement Date	2021-09-13
Case Number	5122

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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The Director of Treasuries in Karnataka & Anr.v. V. Somyashree Vs. V. Somyashree

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The Director of Treasuries in Karnataka & Anr.v. V. Somyashree Vs. V. Somyashree

The Director of Treasuries in Karnataka & Anr.v. V. Somyashree Vs. V. Somyashree

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