K M Prakash vs State Of Karnataka on 16 December, 2016
7. There is no dispute regarding the factual
aspects of the matter narrated as aforesaid. The issue
involved herein is no more res-integra in view of the
cognate Bench decision of this Court in the case of K. M.
Prakash supra, wherein Rule 5 of Rules and the proviso
to the Rules has been considered and it is held that the
intention of the Rule making authority is that, the right to
claim compassionate appointment cannot be reserved in
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favour of a minor indefinitely until he attained majority.
The Rule making authority in its wisdom has stipulated a
period of one year from the death of the employee within
which the minor should have attained majority and
thereafter he should make an application for appointment
on compassionate grounds within a period of one year.
Such a prescription is held to be valid and to be
characterised as one not violating Articles 14 and 16 of
the Constitution of India.