The main legal point established is that the Karnataka Civil Services (Compassionate Appointment) Rules, 1996 apply to compassionate appointments at the University of Agricultural Sciences, and obtaining a decree declaring civil death is not mandatory for compassionate appointment.

JUDGMENT

Suraj Govindaraj, J. - The petitioners are before this Court seeking for certiorari to quash the endorsement issued by respondent No.1 dated 23.02.2015 as also for a mandamus directing respondent No.2 to appoint the petitioner No.2 in a post suitable to his educational qualifications in the respondent No.2 establishment pursuant to the representations made by petitioner Nos.1 and 2 dated 25.05.2011, 13.11.2011, 06.05.2014 and 06.11.2014 vide Annexure-H and J forthwith.

2. The husband of the Petitioner No.1 and father of the Petitioner No.2, namely Sri. Kushappa S/o. Adiveppa Kurbett was serving under the Respondent No.2 University of Agricultural Sciences as sports helper from 29.12.1994; he was reported missing from 31.05.2010 from the place of service, the Petitioner and others, as also the relatives and well-wishers tried their level best to trace him, but all efforts ended in failure. Hence, the Petitioners approached Respondent No.2 claiming for monetary benefits, which was not granted.

3. Aggrieved by the same, the Petitioner No.1 filed Writ Petition No.79000/2013 before this Court. This Court observing that the Government Orders dated 21.03.1998, 29.12.1994 and circular dated 01.01.1998 had been issued so as to help the family members of the missing government servants by following a definite legal procedure directed the Respondents to consider the representation made by the Petitioners and extend the benefit of orders/circulars aforestated and make payment of the due amounts by accepting the documents produced along with survivorship certificate subject to the Petitioners providing two solvent sureties, producing survivorship certificate within a period of six weeks from the date of production of such survivorship certificate.

4. Subsequent thereto, on the basis of the representation made, the Petitioner No.1 was provided with the pensionary benefits amounting to Rs.4,400/- per month after deducting an amount of Rs.2,500/- towards the loan obtained by the husband of Petitioner No.1, apart therefrom an amount of Rs.3,50,000/- was paid as death benefits.

5. The Petitioners contending that the same is very meagre and the Petitioners would not be in a position to maintain their family had applied for grant of compassionate appointment by enclosing survivorship certificate, pension papers, medical certificate, B.Com marks card, etc., of the Petitioner No.2.

6. The said application having been made to the Registrar of the University of the Agricultural Sciences, Dharwad. The said Registrar recommended the applications to Respondent No.1 State for necessary orders.

7. Respondent No.1 rejected the application stating that the Petitioner No.2 was not qualified for appointment in view of the Karnataka Civil Services (Compassionate Appointment) Rules, 1996. The said order of respondent No.1 dated 23.02.2015 was informed by the respondent No.2 under cover of his letter dated 20.05.2015. It is aggrieved by the above; the Petitioners are before this Court contending that the Registrar, University of Agricultural Sciences was the sole and competent authority to consider the application filed by the petitioners in terms of Section 31(7) of the University of Agricultural Sciences Act, 2009. The same is extracted for easy reference as under:

31. Directors, Deans, Registrar, Comptroller etc.:-

(7) Registrar:

(a) He shall an academician in the field of Agricultural Sciences not lower in rank that of a Professor of the University; or an officer of the State Government not below the rank of the Deputy Secretary to Government.

(b) Shall be member secretary of the Board of Management and shall be permanent member of all councils.

(c) Shall be responsible for the due custody of records and common seal of the University.

(d) Shall receive applications for entrance to the University, and shall keep a permanent record of all courses, curricula and other information as may be necessary.

(e) Shall be responsible for human resource developme