Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compassionate appointment |
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 – Appointment on compassionate grounds is not automatic, but subject to strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family – Therefore, no one can claim to have a vested right for appointment on compassionate grounds – In the instant case, respondent’s sister, employed in Government School, died in harness on 8.12.2010 – Claiming that the deceased was unmarried and that the mother, two brothers and two sisters were entirely dependent on her income, respondent sought appointment on compassionate grounds – Claim was rejected by the competent authority by Order dated 17/ 21.11.2012, on the ground that the amendment made to the Karnataka Civil Services (Appointment on Compassionate Grounds) (7th amendment) Rules, 2012 on 20.06.2012, extending the benefit of compassionate appointment to the unmarried dependant brother of an unmarried female employee, will not be applicable to the case of the respondent – Respondent moved the Administrative Tribunal by way of an application which was allowed on the ground that the amendment made to the Rules on 20.06.2012 would apply retrospectively covering the case of the respondent, though his sister died in harness on 8.12.2010. Writ petition by State was dismissed – Hence instant appeal – Held: Admittedly, the appointment on compassionate grounds in the State of Karnataka is governed by a set of Rules known as Karnataka Civil Services (Appointment on Compassionate grounds) Rules, 1996, issued in exercise of the powers conferred by s.3(1) read with s.8 of the Karnataka State Civil Services Act, 1978 – The Rules as they stood, on the date on which the sister of the respondent died in harness, did not include an unmarried brother, within the definition of the expression “dependent of a deceased Government servant” under r.2(1)(a) of the said Rules vis-a-vis a deceased female unmarried Government servant – But it was only by way of an amendment proposed under a draft Notification dated 20.06.2012 which was given effect on 11.07.2012 that an unmarried brother of a deceased female unmarried Government servant was included within the definition – There is no dispute about the fact that the sister of the respondent died as an unmarried female Government servant, but on 8.12.2010, before the amendment was made to the Rules – Respondent’s application dismissed. Interpretation of statutes: There is no principle of statutory interpretation which permits a decision on the applicability of a rule, to be based upon an indeterminate or variable factor – A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2021 INSC 907 |
Petitioner | The Secretary To Govt. Department Of Education (primary) & Ors. |
Respondent | Bheemesh Alias Bheemappa |
SCR | [2021] 12 S.C.R. 123 |
Judgement Date | 2021-12-16 |
Case Number | 7752 |
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