ORDER :

The case of the petitioner is that, her mother was working as a Second Division Assistant at the office of District Treasury, Mandya. She died on 25.03.2012. The petitioner married on 12.11.2010. Due to certain differences with her husband, M.C.No.81 of 2012 was filed before the Family Court at Mandya seeking for a decree of divorce. By an order dated 20.03.2013, the decree of divorce was granted and the marriage was annulled. Thereafter, she made an application before the respondents seeking appointment on compassionate grounds. The first respondent issued an endorsement rejecting the claim of the applicant on the ground that the provisions of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 is not applicable to her, since she is a divorced daughter. Questioning the same, she filed Application No.6393 of 2015 before the Karnataka Appellate Tribunal. By an impugned order dated 09.12.2015, the application was rejected. Hence, this petition.

2. The learned Counsel for the petitioner contends that the petitioner being a divorced daughter, is entitled for a compassionate appointment under the relevant Rules. That ever since she filed an application for divorce, she is staying with her mother. The decree of divorce was granted on 20.03.2013. Therefore, she being a dependent of the deceased mother is entitled to for an appointment on compassionate grounds.

3. The same is disputed by the learned Additional Government Advocate. He contends that Rule 3(2)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, prescribes appointment only to a widowed daughter or to an unmarried daughter. The petitioner does not come under any of those categories. Hence, he pleads that there is no error committed by the respondent-authorities. Hence, no interference is called for.

4. Heard learned Counsels.

5. A dependent of a Government servant has been defined in Rule 2 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, as follows:

“2. Definitions:(1) In these rules, unless the context otherwise requires:

(a) “Dependent of a deceased Government servant” means

(i) in the case of deceased male Government servant, his widow, son, (unmarried daughter and widowed daughter) who were dependent upon him; and were living with him; and

(ii) in the case of a deceased female Government servant, her widower, son, (unmarried daughter and widowed daughter) who were dependent upon her and were living with her;

(b) “family” in relation to a deceased Government servant means his or her spouse and their son, (unmarried daughter and widowed daughter) who were living with him.

(2) Words and expressions used but not defined shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977.”

6. The eligibility for appointment on the death of a female employee is in terms of Rule 3(2)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which reads as follows:

"(ii) in the case of the deceased female Government servant;

(a) a son;

(b) an unmarried daughter, if the son is not eligible or for any valid reason he is not willing to accept the appointment;

(c) the widower, if the son and daughter are not eligible or for any valid reason they are not willing to accept the appointment.

(d) a widowed daughter, if the widower, son and unmarried daughter are nor eligible or for any valid reason they are not willing to accept the appointment.

3. xxx

4. xxx”

7. The Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 came into effect in terms of the Notification dated 12.09.1996. A dependent was defined as, in a case of a ‘deceased male Government servant’, his widow and son and in a case of a ‘deceased female Government servant’, her widower and son, provided they were living with him or her and who were dependent and living with him or her. Thereafter, by the second amendment dated 24.11.2000, an ‘unmar