1. Claim for compassionate appointment by a daughter who obtained a divorce by mutual consent after the death of the government employee mother under Karnataka Civil Services Rules. (Para 1 , 2 )
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2021 Supreme(SC) 581
SUPREME COURT OF INDIA
M.R. SHAH, ANIRUDDHA BOSE, JJ.
The Director of Treasuries in Karnataka and Another – Appellants
Versus
V. Somyashree – Respondent
Civil Appeal No. 5122 of 2021
Decided On : 13-09-2021
Important Points
Compassionate appointment is an exception to general recruitment and must strictly adhere to the State's policy. A divorced daughter is ineligible if the rules only specify 'unmarried' or 'widowed' daughters, especially if she was married at the time of the employee's death and thus not a 'dependent'.
Subject
Compassionate Appointment - Eligibility of Divorced Daughter
Act Referred
CONSTITUTION OF INDIA: Art.14, Art.16
HINDU MARRIAGE ACT: S.13(b)
KARNATAKA CIVIL SERVICES APPOINTMENT ON COMPASSIONATE GROUNDS RULES: R.3(2)(ii), R.3, R.2
HINDU MARRIAGE ACT: S.13(b)
KARNATAKA CIVIL SERVICES APPOINTMENT ON COMPASSIONATE GROUNDS RULES: R.3(2)(ii), R.3, R.2
Headnote
Hindu Marriage Act, 1955 - Section 13B – Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996 - Rule 3(2)(ii) - Appeal - Divorce by mutual consent - Mother of original writ petitioner was employed with Government of Karnataka as Second Division Assistant at Mandya District Treasury - She died - That original writ petitioner, who at relevant time was a married daughter at time when deceased died, initiated a divorce proceedings for divorce by mutual consent under Section 13B of Hindu Marriage Act, 1955 - Held, it is required to be noted that at time when deceased employee between respondent and her husband was subsisting - Therefore, at time when deceased employee died she was a married daughter and therefore, also cannot be said to be ‘dependent’ as defined under Rule 2 of Rules 1996 - Therefore, even if it is assumed that ‘divorced daughter’ may fall in same class of ‘unmarried daughter’ and ‘widowed daughter’ in that case also date on which deceased employee died she-respondent herein was not ‘divorced daughter’ as she obtained divorce by mutual consent subsequent to death of deceased employee. Therefore, also respondent shall not be eligible for appointment on compassionate ground on death of her mother and deceased employee – Appeal allowed.
Legal Category Hierarchy
Advocates appeared:
For the Appellant(s) : Mr. V. N. Raghupathy, AOR
For the Respondent(s): Mr. Mohd. Irshad Hanif, AOR
For the Appellant(s) : Mr. V. N. Raghupathy, AOR
For the Respondent(s): Mr. Mohd. Irshad Hanif, AOR
Table of Contents
2. Whether a divorced daughter is eligible for compassionate appointment under rules specifying only unmarried or widowed daughters and whether such status must exist at the time of death. (Para 4 , 6 )
3. The court found the High Court exceeded the rules; eligibility depends on the policy prevailing at the time of consideration and dependency status at the time of death. (Para 7 , 8 )
4. Compassionate appointment is an exception governed by the State's policy norms prevailing on the date of consideration, requiring the claimant to be a dependent at the time of death. (Para 7 )
5. Appeal allowed; High Court order quashed and the original writ petition dismissed. (Para 9 )
6. Is a divorced daughter eligible for compassionate appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996?
No. Under the 1996 Rules, only unmarried and widowed daughters are eligible. The term divorced daughter was not included in the definition of dependent or the eligibility criteria until the 2021 Amendment. (Para 8 )
7. Which norms govern the consideration of an application for compassionate appointment?
The norms prevailing on the date of the consideration of the application should be the basis for considering the claim for compassionate appointment. (Para 7 )
8. Is there a vested right to receive a compassionate appointment?
No. Compassionate appointment is an exception to the general rule of public employment; no aspirant has a vested right to it, and it must comply with Articles 14 and 16 of the Constitution. (Para 7 )
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 17.12.2018 passed by the High Court of Karnataka at Bengaluru in Writ Petition No. 5609/2017 by which the High Court has allowed the said Writ Petition preferred by the respondent herein and has quashed and set aside the order dated 09.12.2015 passed by the Karnataka State Administrative Tribunal, Bengaluru in Application No. 6396 of 2015 and consequently has directed the appellants herein to consider the application of the respondent herein-original writ petitioner (hereinafter referred to as ‘original petitioner’) for grant of compassionate appointment, the original respondent has preferred the present appeal.
2. The facts leading to the present appeal in nutshell are as under:
That one Smt. P. Bhagyamma, the mother of the original writ petitioner was employed with the Government of Karnataka as Second Division Assistant at Mandya District Treasury. She died on 25.03.2012. That original writ petitioner, who at the relevant time was a married daughter at the time when the deceased (Smt. P. Bhagyamma) died, initiated a divorce proceedings for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on 12.09.2012. By its judgment and decree dated 20.03.2013 a decree of divorce by mutual consent was passed by the Learned Principal Senior Civil Judge, CJM, Mandya. On the very next day i.e. on 21.03.2013, the original writ petitioner submitted an application to appoint her on compassionate ground on the death of her mother. By order dated 03.05.2013, the application for appointment on compassionate appointment came to be rejected on the ground that there is no provision provided under Rule 3 (2)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996 (hereinafter referred to as ‘the Rules, 1996’) for divorced daughter. That the original writ petitioner made an application before the Karnataka State Administrative Tribunal being application No. 6396 of 2015 on 20.07.2015 i.e. after a period of approximately 2 years from the date of rejection of her application for appointment on compassionate ground. The Learned Tribunal dismissed the said application by order dated 09.12.2015 on the ground that there is no provision for appointment on compassionate ground for divorced daughter. Thereafter, the original writ petitioner approached the High Court against the order dated 09.12.2015 passed by the Learned Administrative Tribunal, Bengaluru.
3. By impugned judgment and order dated 17.12.2018 the High Court has allowed the Writ Petition No. 5609 of 2017 and has quashed and set aside the order dated 09.12.2015 passed by the Karnataka Administrative Tribunal, Bengaluru in Application No. 6393 of 2015 and has directed the appellants herein to consider the application of the original writ petitioner for grant of compassionate appointment based on the observations made in the impugned judgment and order. By the impugned judgment and order the High Court has interpreted Rule 3 of the Rules, 1996 and has observed that a divorced daughter would fall in the same class of an unmarried or widowed daughter and therefore, a divorced daughter has to be considered on par with “unmarried” or “widowed daughter.”
3.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the appellants have preferred the present appeal.
4. Shri V.N. Raghupathy, Learned Advocate appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the High Court has materially erred in quashing and setting aside the order passed by the Learned Tribunal and has erred in directing the appellants to consider the application of the writ petitioner for grant of compassionate appointment.
4.1 It is submitted that the directions issued by the High Court directing the appellants to consider the application of the original writ petitioner for grant of compassio
