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KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
Priyanka Halamani W/o Late Praveen Halamani – Appellant
Versus
State Of Karnataka – Respondent
Headnote: Read headnote
ORDER :
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
This petition seeks to call in question the Service Tribunal’s order dated 04.01.2024 whereby petitioner’s Application No.10005/2024 has been negatived. The grievance of the petitioner before the Tribunal was the non-consideration of her candidature for compassionate appointment.
2. Learned counsel appearing for the petitioner in his usual vehemence submits that the definition of ‘family’ given under Rule 2(b)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, in order to be saved from the vice of arbitrariness has to be construed to include daughter-in- law of the family and if that is done, the petitioner would get employment on compassionate ground. In support of this, he presses into service a Full Bench decision of Alhabad High Court in U.P. Power Corporation Ltd., vs. Urmila Devi, 2011 SCC OnLine All 152, para-8.
3. Learned Government Advocate appearing for the Official Respondents passionately resists the petition contending that the doctrine of separation of power is
The court affirmed that judicial interpretation cannot expand statutory definitions set by the legislature, maintaining the integrity of legislative intent.
The court established that the definition of 'family' in compassionate appointment rules must include widowed daughters-in-law to ensure fairness and address financial distress.
The court held that a widowed daughter-in-law is entitled to compassionate appointment as she is an integral part of the family, challenging the exclusion as discriminatory under Articles 14, 15, and....
Denying compassionate appointment to a married daughter is discriminatory and unconstitutional under GSO 295 and constitutional provisions.
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 concep....
Only members of the deceased employee's family, as defined in the relevant rules, can claim appointment on compassionate grounds. The rules governing compassionate appointments must be strictly const....
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
Compassionate appointment is a concession, not a right, and requires financial distress. Married daughters residing with their husbands cannot be treated as dependents on their fathers.
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