Karnataka High Court
Shri Namadev Mallappa Bomannavar S/O ... vs The Chief Secretary on 28 June, 2024
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2024:KHC-D:8803-DB
WP No.103286 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO.103286 OF 2023 (S-KAT)
BETWEEN:
SHRI NAMADEV
S/O MALLAPPA BOMANNAVAR
AGE. 38 YEARS, OCC. NIL,
R/O. AMBEDKAR GALLI,
HALAGA, TQ & DIST. BELAGAVI-590001.
...PETITIONER
(BY SRI. ANAND L. SANDRIMANI AND
SRI. SANTOSH B. RAWOOT, ADVOCATES)
AND:
1. THE CHIEF SECRETARY
DEPARTMENT OF HEALTH & FAMILY WELFARE,
VIKAS SOUDHA, BENGALURU-560001.
2. CHIEF ADMINISTRATIVE OFFICE
JAGADISH
TR THE MINISTRY OF AYURVEDA,
Digitally signed by
JAGADISH T R
YOGA & NATUROPATHI, UNANI,
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
SIDHA & HOMEOPATHY (AYUSH),
DHANAVANTRI ROAD, BENALURU-560009.
3. DISTRICT AYUSH HEALTH OFFICER
OFFICE OF DISTRICT AYUSH HEALTH OFFICER,
VISHWESHWARAYYA NAGAR,
BELAGAVI-590019.
4. THE MEDICAL OFFICER
GOVT. AYURVEDA HOSPITAL,
SAMPAGAON, TQ. BAILHONGAL,
DIST. BELAGAVI-591125.
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
-2-
NC: 2024:KHC-D:8803-DB
WP No.103286 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING ORDER PASSED BY THE
HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI
DATED 13.06.2022 IN APPLICATION NO.10844/2009 AT
ANNEXURE-A AND ENDORSEMENT ISSUED BY THE RESPONDENT
NO.2 AT ANENXURE-A7, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S G PANDIT, J., PASSED THE FOLLOWING:
ORDER
Petitioner, son of a retired government servant viz., Sri. Mallappa Yallappa Bomannavar, is before this Court questioning the order dated 13.06.2022 passed in Application No.10844/2019 by the Karnataka State Administrative Tribunal at Belagavi (for short, 'the Tribunal') rejecting the application of the petitioner, wherein the petitioner had challenged endorsement dated 30.04.2016 (Annexure-A7) rejecting his application for compassionate appointment.
2. Heard Sri. Santosh B.Rawoot, learned counsel appearing for the petitioner, and Sri. G.K.Hiregoudar, learned Government Advocate appearing for the respondents. Perused the writ petition papers. -3-
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023
3. Brief facts of the case are that, Sri. Mallappa Yallappa Bomannavar, the father of the petitioner was working as a Group-D employee in respondent No.4- Government Ayurveda Hospital, Sampagaon, Bailhongal Taluk. He made an application on 08.07.2014 seeking voluntary retirement on medical grounds. The said application of the father of the petitioner was accepted and he was relieved of his duties on 31.10.2014. Thereafter on 01.11.2014, son of the retired government servant, submitted an application seeking appointment on compassionate grounds. The said application was rejected under endorsement dated 30.04.2016. Challenging the said endorsement, the petitioner - son of the retired government servant - was before the Tribunal in Application No.10844/2019 and the Tribunal, by its order dated 13.06.2022, rejected the application of the petitioner refusing to interfere with the endorsement issued by the respondent-authorities rejecting the petitioner's request for compassionate appointment. -4-
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023
4. Learned counsel for the petitioner would contend that since the father of the petitioner took voluntary retirement on medical grounds, the petitioner herein would be entitled to compassionate appointment. Learned counsel would submit that the Tribunal failed to examine as to whether the petitioner would be entitled for appointment on compassionate grounds on retirement of his father on medical grounds. Learned counsel referring to the Karnataka Civil Services (Appointment on Compassionate Grounds)(8th Amendment) Rules 2014 (for short, '2014 Rules') would submit that, in terms of Rule 3A, the request of the petitioner ought to have been considered. Learned counsel would submit that endorsement issued is without considering the petitioner's request and that the endorsement is without any reason. Thus, the learned counsel would pray for allowing the writ petition and for a direction to the respondents-authorities to provide the petitioner compassionate appointment as requested.
-5-
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023
5. Per contra, learned Government Advocate for the respondents-State authorities would support the order passed by the Tribunal as well as the endorsement issued by the department rejecting the petitioner's request for compassionate appointment. Learned Government Advocate would submit that, as on the date of submission of the application by the father of the petitioner for voluntary retirement on medical grounds, there was no Rule which provided for compassionate appointment for dependants of government servant who retired on medical grounds. Learned Government Advocate would submit that, initially, the State Government had introduced Karnataka Civil Services (Appointment on Compassionate Grounds) (6th Amendment) Rules, 2011 (for short, ' the 2011 Rules') making provision for compassionate appointment to dependants of government servant who retired on medical grounds, but the same was withdrawn subsequently under Government Order dated 25.10.2013. Further, learned Government Advocate would submit that, by Notification dated 07.08.2014, 2014 Rules came into -6- NC: 2024:KHC-D:8803-DB WP No.103286 of 2023 force wherein Rule 3A was substituted making provision for appointment on compassionate grounds to dependants of government servant who retired on medical grounds. Thus, learned Government Advocate would submit that the petitioner would not fall within the parameters of Rule 3A of 2014 Rules, and further places reliance on the decision of a Co-ordinate Bench of this Court rendered in W.P. No.103316/2023, disposed of on 14.06.2023, wherein the Co-ordinate Bench of this Court, interpreted Rule 3A of 2014 Rules. Thus, he prays for dismissing the writ petition.
6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, the only point which falls for consideration is, Whether the impugned order of the Tribunal as well as the endorsement, which was under challenge before the Tribunal, require interference?
7. The answer to the above point would be in the negative for the following reasons:
-7-
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023
(a) It is an admitted fact that the petitioner's father, who was working as a Group-D employee in the Department of Health and Family Welfare (AYUSH), submitted an application on 08.07.2014 seeking voluntary retirement on medical grounds. The application of the petitioner's father was accepted and the petitioner's father was relieved of his duties on 31.10.2014 on his voluntary retirement on medical grounds. Subsequently, on 01.11.2014, the petitioner
- son of the retired government servant - made an application requesting compassionate appointment on the ground that his father retired voluntarily on medical grounds. As on the date of the petitioner submitting the application, the amended 2014 Rules was in force. In terms of Rule 3A of the 2014 Rules, a dependant of the government servant would be entitled to compassionate appointment if one fulfills the conditions mentioned therein. A Co-ordinate Bench of this Court had an occasion to consider Rule 3A of the 2014 Rules in the case of Virupakshayya Vs. The -8- NC: 2024:KHC-D:8803-DB WP No.103286 of 2023 State of Karnataka and Ors. (W.P. No.103316/2023 referred to above). Paragraphs 8 and 9 of the said decision read as under:
"8. The application for appointment on compassionate grounds by the petitioner is dated 23.12.2015. As on the date of submitting the application by the petitioner for appointment on compassionate grounds, the 2014 Rules were in force. Rule 3A of the 2014 Rules reads as follows:
"3A - Appointment of dependent of Government servant retired on medical grounds:- Without prejudice to the generality of these rules, dependent of the Government Servant retired on medical grounds due to permanent incapacitation shall be eligible for appointment on compassionate grounds subject to the following conditions, namely:-
(a) Permanent incapacitation should have incidentally occurred while on duty/at the time of performing the duties of the post held by the Government servant;
(b) It should be only on account of public service that too while on duty/while discharging the responsibility assigned to the post;
(c) The words 'while on duty' includes his journey to and from his place of resident to the place of work;
(d) The Government Servant is eligible to get pension under the Karnataka civil Services (Extraordinary Pension) Rules, 2003;-9-
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023
(e) Certification by the Medical Board that the Government servant is not fit to perform any duty is necessary.
Provided that appointment of dependent of a Government Servant under this clause can be made by the Government in exceptional cases, only after the Head of the Department in which the Government Servant was working, after examining the above conditions, certifies that the services of the Government Servant cannot be utilized in any other post in the Department due to the disability acquired by him while performing his official duty. Provided further that no dependent of any Government Servant who retires from service on medical grounds with the benefit of invalid pension under rule 273 of Karnataka State Civil Service Rules or who takes voluntary retirement on medical grounds with the benefit of retiring pension under rule 285 of the Karnataka civil Service Rules because of incapacitation due to:-
(a) common illness or any other progressive disease/disorders, etc.
(b) accidents/incidents which occur while not on duty is eligible to seek compassionate appointment under these rules.
9. In terms of the above Rule, a dependent of a government servant would be entitled for compassionate appointment if one fulfills the conditions specified therein i.e., the retired employee must have suffered permanent incapacitation incidentally occurred while on duty/at the time of performing the duties of the post held by the
- 10 -
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023 Government servant; it should be only on account of public service that too while on duty/while discharging the responsibility assigned to the post; 'while on duty' includes his journey to and from his place of residence to the place of work; certification by the Medical Board that the government servant is not fit to perform any duty."
(b) In terms of Rule 3A of the 2014 Rules, son of a retired government servant would be entitled for compassionate appointment if the voluntary retirement of the government servant is on medical grounds due to permanent incapacitation and it should be only on account of public service that too while on duty while discharging the responsibility assigned to the post. Proviso to Rule 3A of the 2014 Rules makes it clear that, no dependent of any government servant, who retires from service on medical grounds with the benefit of invalid pension under Rule 273 of Karnataka State Civil Service Rules or who takes voluntary retirement on medical grounds with the benefit of retiring pension under Rule 285 of the Karnataka Civil
- 11 -
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023 Service Rule, is eligible to seek compassionate appointment under 2014 Rules. The petitioner's father retired on medical grounds under Rule 285 of KCSRs with pension, hence, under any circumstances, the petitioner would not be entitled for compassionate appointment as requested.
(c) Moreover, in the instant case, it is to be noticed that the petitioner sought voluntary retirement when he was aged 59 years 7 months and 24 days and he had remaining service of only about four months. The Hon'ble Apex Court in the case of V.Sivamurthy Vs. State of Andhra Pradesh and Others1, while considering the case of compassionate appointment when a government servant retires on medical invalidation, has observed that, compassionate appointment is not permissible wherein the employee seeks voluntary retirement on medical grounds on the verge of his superannuation. In the instant case also, 1 (2008)13 SCC 730
- 12 -
NC: 2024:KHC-D:8803-DB WP No.103286 of 2023 the petitioner's father, on his application for voluntary retirement on medical grounds, was permitted to retire on medical grounds when he was on the verge of retirement.
Writ petition is devoid of merits and accordingly the writ petition stands rejected.
Sd/-
JUDGE Sd/-
JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 6