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2021 Supreme(SC) 825

HEMANT GUPTA, V.RAMASUBRAMANIAN
Secretary to Govt. Department of Education (Primary) – Appellant
Versus
Bheemesh Alias Bheemappa – Respondent


Advocates appeared:
For the Appellant(s) :V. N. Raghupathy, Apzal Ansari, Diksha Sharma, Advocates
For the Respondent(s):Jayanth Muthraj, Sabarish Subramaniam, Vishnu Unnikrishnan, S. Parthasarathi, T. S. Sabarish, Advocates

Judgement Key Points

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JUDGMENT :

V. Ramasubramanian, J.

1. Leave granted.

2. Aggrieved by the order passed by Karnataka State Administrative Tribunal which was also confirmed by the High Court, directing them to consider the case of the respondent for appointment on compassionate grounds, the State has come up with the above appeal.

3. We have heard Sh. V. N. Raghupathy, learned counsel appearing for the appellants and Sh. Jayanth Muthraj, learned senior counsel appearing for the respondent.

4. Admittedly, the respondent’s sister who was employed as Assistant Teacher in a Government School, died in harness on 8.12.2010, leaving behind her surviving, her mother, two brothers and two sisters. Claiming that the deceased was unmarried and that the mother, two brothers and two sisters were entirely dependent on her income, the respondent sought appointment on compassionate grounds. The claim was rejected by the competent authority by an Order dated 17/21.11.2012, on the ground that the amendment made to the Karnataka Civil Services (Appointment on Compassionate Grounds) (7th amendment) Rules, 2012 on 20.06.20

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