IMPORTANT POINT
The norms, prevailing on the date of consideration of the application, should be the basis for consideration of claim for compassionate appointment.

JUDGMENT :

Hrishikesh Roy. J.

Leave granted in SLP(C) No. 34878/2013 and SLP(C) No. 24169/2015

2. The appellants here were the beneficiary of compassionate appointments. But on the discovery that their appointments were made dehors the provisions of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 as amended w.e.f. 1.04.1999, (hereinafter referred to as the "Rules"), those appointments came to be cancelled. The amendment to the proviso to Rule 5 stipulated that in case of a minor dependant of the deceased government employee, he/she must apply within one year from the date of death of the government servant and he must have attained the age of eighteen years on the day of making the application. Before amendment, the minor dependant was entitled to apply till one year of attaining majority.

3. When their service was terminated the aggrieved appointees approached the Karnataka Administrative Tribunal at Bangalore (hereinafter referred to as the "Tribunal"). But the Tribunal found that appellants were ineligible for appointment under the Rules and accordingly dismissed the related applications. The resultant writ petitions were dismissed by the High Court of Karnataka at Bangalore, leading to the present appeals.

4. We have heard Ms. Kiran Suri, learned Senior Counsel appearing for the appellant in the Appeal arising from the SLP (C) No.34878 of 2013, Mr. Shanthkumar V. Mahale, learned counsel appearing in C.A. Nos.9280-9281 of 2014 and in the appeal arising out of the SLP (C) No.24169 of 2015. The State of Karnataka is represented by Mr. V.N. Raghupathy and Mr S Padhi, the Learned Counsel in the respective appeals.

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.

6. The respondents, on the other hand, argue that the norms applicable at the stage of consideration is relevant and here as the appellants had not attained majority within one year from the death of the government employee, they were ineligible to seek compassionate appointment under the amended provisions of the compassionate Rules. The Government counsel contend that since compassionate appointment is an exception to the general Rule governing appointment in the service of the State, the same has to be in conformity with the prescribed Rules and those ineligible under the Rules cannot ask for continuation of the illegal appointment. The respondents also argue that the government has the power to rectify the mistake and to recall the illegal appointment orders as the appellants were appointed erroneously, despite there ineligibili