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R.DEVDAS J., (ORAL):

Learned Principal Government Advocate takes notice for all the respondents.

2. The petitioner is aggrieved by the impugned order dated 24.06.2010 passed in Application No.3493/2004 by the Karnataka Administrative Tribunal, Bengalore.

3. The petitioner being the daughter of Sri.Amaragundappa Jiledar who was working as Primary School Teacher and died in harness on 07.08.1996, filed an application on 25.07.2003 seeking appointment on compassionate grounds. The said application was rejected by an endorsement dated 18.09.2003 while stating that earlier the petitioner's mother had filed an application on 14.08.1996, immediately after the death of her husband, but she stated that her children were minors and therefore, after they attain majority they should be given appointment on compassionate ground. That application was rejected. The petitioner's mother gave one more representation on 27.07.2003 stating that her son had attained majority and therefore, he should be given an appointment. Both the applications having been rejected, the petitioner approached the KAT. The KAT, while noticing the provisions contained in Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which was amended in terms of the Rules, 1998 held that in terms of first proviso to Rules, if the applicant was a minor, then he/she could file an application if the applicant had attained the age of 18 years within one year from the date of death of the government servant and the application was required to be filed within one year thereafter. Having noticed the said provision, the KAT held that respondents have not committed any error in issuing an endorsement declining to consider the application filed by the petitioner.