Judgment

Arijit Pasayat, J.—The appellant-State and its functionaries call in question legality of the judgment rendered by a Division Bench of the Karnataka High Court holding that the respondent was entitled to be appointed on compassionate grounds. By the impugned judgment the view expressed by the Karnataka Administrative Tribunal (in short ‘Tribunal’) about such entitlement of the respondent was upheld.

2. Factual position is almost undisputed and needs to be noted in brief:

Respondent’s father Ramachandra Narayan Bhat who was a government servant died on 21.12.1977. The respondent was born on 20.10.1977 and was hardly two months old at the time when his father expired. He attained majority on 20.10.1995. He submitted an application on 2.12.1996 seeking appointment on compassionate grounds purportedly under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1990 (in short the ‘Rules’). The said application on 11/13.11.1997 was rejected on the ground that the application had not been filed within time i.e. within one year of attaining majority. Another application was filed on 22.4.1998 which was not entertained. Certain amendments were made to the Rules by