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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
M.NAGAPRASANNA
Basavaraj S/o. Sangappa Siragumpi Shettar – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
A) A writ in the nature of certiorari or any other writ or order or direction, quashing the impugned endorsement dated 18/10/2024 bearing No.SAM.SAKAANIE/SANI AND AMAA/UV/KOO/DIXE/2024-25/787 issued by the 5th Respondent/The AEE Koppal produced at Annexure-G.
B) a writ in the nature of mandamus or any other writ or order or direction, directing the Respondents No.2 to 5 for regularize the service of deceased petitioner’s father service as on the date eligible and to give Compassionate appointment to the Petitioner with all benefits representation submitted on 31/08/2024 vide Annexure-F.
C) Such other writ or orders or direction may deem fit under the facts and circumstances of the case including an order for costs be issued in the interest of justice.
2. Learned counsel appearing for the petitioner submits that the petitioner is similarly placed as the petitioners who were parties in Writ Petition No.101416 of 2021 disposed on 21.02.2025
3. Learned HCGP for the respondent submits that the department is different, but the principles so laid down in the said judgment ma
Compassionate appointments must address financial crises timely, with rules in effect at the time of application guiding decisions; administrative delays cannot negate this entitlement.
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 appointment is not an automatic right and is subject to scrutiny based on various parameters, including the financial position of the family and the economic dependence on the deceased ....
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment is an exception, not a right, intended for immediate relief to families in financial crisis following the death of a breadwinner, and delays in application undermine this pu....
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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