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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.G.PANDIT, GEETHA K.B.
State Of Karnataka – Appellant
Versus
Madhu Badiger W/o Late Shivakumar – Respondent
| Table of Content |
|---|
| 1. outcome of the writ petition (Para 1 , 8) |
| 2. compassionate appointment eligibility (Para 2) |
| 3. arguments regarding appointment errors (Para 4 , 5) |
| 4. court's analysis on rules and appointments (Para 6) |
| 5. final determination of compassionate appointment rights (Para 7) |
ORDER :
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The above writ petition filed under Article 226 of the Constitution of India by the State Authorities in Forest Department is directed against the order dated 18.03.2024 passed in Application No.10874/2023 by the Karnataka State Administrative Tribunal, Belagavi (for short, ‘the Tribunal’), whereunder the respondent’s application is allowed directing to consider the representation filed by the applicant on 09.05.2023 and pass orders in providing appointment to the post of Second Division Assistant (SDA).
2. Brief facts of the case are that, the respondent’s husband, Sri. Shivakumar Gangadhar Badiger, who was working as SDA in the office of the Deputy Conservator of Forests, Karnataka State Forest Academy, Dharwad, while in service died on 10.01.2021. The respondent submitted an application seeking compassionate appointment on 06.12.2021 enclosing SSLC marks
Compassionate appointments must be based on qualifications applicable at the time of application, and once an appointment is made, further claims for higher posts are not permitted.
Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.
If giving of an application within one year is held to be mandatory and binding on the applicant in terms of Rule 5, so would be sub -Rule (2) of Rule 6 upon the State and its instrumentalities.
Compassionate appointments must adhere to the eligibility criteria existing at the time of the employee's death, and retrospective application of new rules is not permissible.
Compassionate appointments must address financial crises timely, with rules in effect at the time of application guiding decisions; administrative delays cannot negate this entitlement.
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
Compassionate appointment is granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
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