Court Quashes Tribunal Order, Directs Reconsideration of Rejected Application Under Amended Rules
In a landmark judgment, the Karnataka High Court has affirmed the rights of married daughters to be considered for compassionate appointments under the amended Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996. The ruling came in response to a writ petition filed by Smt. Savitha R., whose application for a compassionate appointment was previously rejected on the grounds of her marital status and her mother's status as a retired government servant receiving a pension.
The Division Bench, comprising Justices S.G. Pandit and Rajesh Rai K, delivered the judgment on June 15, 2026. The court set aside the Karnataka State Administrative Tribunal's order that upheld the rejection of Savitha's application. The Tribunal had agreed that married daughters are entitled to such appointments under the amended rules but failed to apply this conclusion to Savitha's case.
The petitioner's father, a Group-D employee, passed away in 2014, after which Savitha applied for a compassionate appointment. At that time, the rules did not recognize married daughters as eligible for such appointments. However, a significant amendment in 2021 included married daughters in the definition of 'family,' thereby entitling them to consideration for compassionate appointments.
The High Court pointed out that the amendment by substitution should be read as if it was always part of the rules, thus applying retrospectively. The court criticized the respondents for rejecting Savitha's application based on her mother’s pension, emphasizing that her case should be reconsidered under the rules amended in 2021.
The court directed the respondents to reassess Savitha's application in light of the amended rules and the High Court’s previous ruling in a similar case (W.P.No.15961/2022), which had established the precedence for considering married daughters eligible for compassionate appointments.
This judgment reiterates the importance of compassionate appointments as a means of social security for bereaved families, ensuring that all eligible dependents, irrespective of marital status, are considered. The decision is expected to have a broad impact on similar cases across the state, providing clarity and reinforcing the rights of married daughters in seeking compassionate appointments.
Bottom line:-
Compassionate appointment - Married daughters are entitled to compassionate appointment under the amended Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which include married daughters in the definition of 'family' by way of substitution.
Statutory provision(s): Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 - Rule 2(1)(b), Rule 4, Rule 5, Rule 6
Smt. Savitha.R v. State of Karnataka, (Karnataka)(DB) : Law Finder Doc id # 2930253
