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Showing contexts for: compassionate appointment rules in N.C. Santhosh vs The State Of Karnataka on 4 March, 2020Matching Fragments
5. Assailing the adverse decision of the Tribunal as affirmed by the High Court, the appellants contend that they have been legitimately appointed on compassionate basis and have rendered service without any blemish and therefore, the authority should not be permitted to apply the amended provisions and cancel the appointment on the ground that the appointees were ineligible to apply for compassionate appointment. Ms. Kiran Suri, the learned senior counsel argues that Rule 5 is only procedural and is not mandatory and therefore, compassionate appointment of the dependant children who attained majority beyond one year of death of the government employee, should not be construed to be invalid. According to the appellants, their cases have to be considered under the unamended Rules which permits a minor dependant to apply for compassionate appointment within one year of attaining majority. Describing Rule 9 as a transitional provision whereunder the period for making application has been changed through various amendments, the counsel for the appellants argue that retrospective application of the amended provisions should not lead to cancellation of appointment. Moreover, since compassionate appointment was offered without any misrepresentation by the beneficiary, the appellants should not be rendered jobless now on the ground of non-eligibility of the appointees.
8.2 Challenging the order of termination, the appellant filed application before the Tribunal. The Tribunal vide order dated 20.10.2005 set aside the termination order holding that the service of the appellant was terminated without holding proper enquiry under Rule 11 of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 and directed her reinstatement, reserving liberty to the State in accordance with law.
8.3 Pursuant to the order of the Tribunal, the appellant was reinstated in service on 04.01.2006. Thereafter, an enquiry was initiated against her under Rule 11 of the said Rules alleging misconduct and misrepresentation of her age at the time of submission of her application seeking appointment on compassionate ground. The appellant was then removed from the service by order dated 28.12.2006 and when her appeal was rejected by the Appellate Authority on 30.08.2007, she again approached the Tribunal. In her OA No.4901/2007, the Tribunal vide its order dated 21.04.2009 found that there was no misconduct on the part of the appellant. Nevertheless the Tribunal affirmed the cancellation of the appointment with the finding that the appointment was made de hors the amended Rule 5 of the KCS (Appointment on Compassionate Grounds) Rules and thus, the cancellation of appointment was found to be justified by the Tribunal. The appellant’s review petition was also dismissed by order dated 03.12.2009. The resultant writ petition filed by the appellant challenging cancellation of her appointment and the order of the Tribunal were dismissed, by the High Court under the impugned judgment dated 14.08.2013.
8.4 Though, certain additional factual details are seen in the appeal relating to Sayeda Farheen Banao, but core issue is no different from the other cases. The question here too is whether her appointment on compassionate ground, was in violation of the Karnataka Civil Services (Appointment on Compassionate Ground) Rules, 1998.
9. The action taken by the respondents in cancellation of appointment is under the provisions of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 and therefore relevant Rules are extracted hereinbelow:-
12. The provision of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 was considered in Commissioner of Public Instructions and Others vs K.R. Vishwanath 1. Speaking for the division bench, Dr. Justice Arijit Pasayat noted that the effect of the amended second proviso is that, unless the application is pending at the time of commencement of the Amendment Rules, the same can have no bearing on the claim for compassionate appointment. Thus, belated application filed by the dependant on attaining majority beyond one year from the date of death of the government employee would not be a valid application, consistent with the provisions of the Rules.