IMPORTANT POINT
Compassionate appointment is based on dependency and financial status, and is a concession rather than a right. The approach to compassionate appointment should focus on the true spirit of the concept and avoid hypertechnical rejections.

ORDER :

1. Heard learned AGA and the learned counsel for private respondent.

2. Brief facts are that, the mother of the private respondent passed away on 4.9.2019 while in harness in the department of Commercial Tax. That the deceased employee left behind her husband and three daughters, of whom the private respondent is the eldest and in whose favour the other two daughters have given their consent thereby enabling her to seek employment on compassionate grounds.

3. The application for appointment on compassionate ground was made on 21.10.2019 but the same came to be rejected by the Competent Authority by order dated 10.11.2020 on the ground that the Rules do not permit extending the benefit of compassionate appointment to a married daughter.

4. Shortly thereafter in about a month, this Court in the case of Smt. Bhuvaneshwari V Puranik vs. State and Others in W.P.No.17788/2018 dated 15.12.2020 was pleased to hold the Rule 2(1) (a)(i), Rule 2(1)(b) and Rule 3(2)(i)(c) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules of 1996 as illegal and unconstitutional and was pleased to strike down the word "unmarried" in the aforesaid Rules.

5. The said declaration was issued on the ground that exclusion of 'married daughter' from the definition of 'family' and not recognizing the daughter as a dependent was discriminatory. The said judgment was pronounced on 15.12.2020 and thereafter on 9.4.2021, the State brought about an amendment and by the amended Rule 3(2)(ii) of the KCSRs, married daughters were also made entitled to seek employment on compassionate grounds. The respondent made one more application on 17.8.2021. The said application came to be rejected again by proceedings dated 25.8.2021.

6. Aggrieved by the said order, the private respondent approached the Tribunal. The Tribunal by order dated 28.9.2021 was pleased to grant relief and partly allowed the application and further directed the matter for reconsideration. Aggrieved by which, the State is before this Court in the instant writ petition.

7. The Hon'ble Apex Court, while dealing with the case relating to the principle governing the grant of compassionate appointment, in the case of Fertilizers and Chemicals Travancore Ltd. and Others Vs. Anusree K.B, 2022 SCC Online SC 1331 observed as under:

"15. While considering the issue involved in the present appeal, the law laid down by this Court on compassionate ground on the death of the deceased employee are required to be referred to and considered. In the recent decision, this Court in the case of Director of Treasuries in Karnataka v. V. Somyashree, 2021 SCC OnLine SC 704, had occasion to consider the principle governing the grant of appointment on compassionate ground. After referring to the decision of this Court in N.C. Santhosh v. State of Karnataka, (2020) 7 SCC 617, this Court has summarised the principle governing the grant of appointment on compassionate ground as under:—

(i) that the compassionate appointment is an exception to the general rule;

(ii) that no aspirant has a right to compassionate appointment;

(iii) the appointment to any public post in the service of the State has to be made on the basis of the principle in accordance with Articles 14 and 16 of the Constitution of India;

(iv) appointment on compassionate ground can be made only on fulfilling the norms laid down by the State's policy and/or satisfaction of the eligibility criteria as per the policy;

(v) the norms prevailing on the date of the consideration of the application should be the basis for consideration of claim for compassionate appointment.

16. As per the law laid down by this Court in catena of decisions on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassi