In a significant ruling, the Karnataka High Court at Dharwad declined to grant compassionate appointment to a married daughter, emphasizing that such jobs are meant for immediate financial relief not delayed claims made years later.
Background of the Case
The case involved Smt. Laxmi, whose father, an attender in the district court, passed away while in service on June 21, 2005. Following his death, she applied for a job on compassionate grounds.
Her application was rejected in 2007 because she was a married daughter, and under the applicable rules at the time, married daughters were not considered dependents eligible for such appointments.
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Despite receiving communication of the rejection, she later approached the court claiming her application was still pending. This led to a fresh round of litigation, including a writ petition and subsequent representations over the years.
During the hearing, the appellant argued that rules had evolved and married daughters should now be considered eligible dependents. She urged the court to reconsider her claim in light of these changes.
On the other hand, the respondents pointed out that her application had already been rejected in 2007 and that she had not challenged that rejection at the time. They also highlighted that she had suppressed this fact when filing an earlier writ petition.
The Division Bench made it clear that compassionate appointment is not a matter of right or inheritance. It is meant to provide immediate financial support to families in distress after the death of an employee.
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“The essence of compassionate appointment lies in addressing immediate financial distress, not in creating a vested right,” the bench observed.
The court also relied on earlier judgments to underline that a married daughter, living with her husband, is ordinarily not considered financially dependent on her father.
Further, the judges noted the long delay in pursuing the claim. Over time, the urgency that such appointments are meant to address would naturally diminish.
“The initial financial crisis may no longer exist after such a prolonged lapse of time,” the court remarked, pointing out that the family may have already become self-sufficient.
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Key Legal Reasoning
- The earlier rejection of the application in 2007 was never challenged.
- The appellant suppressed material facts in earlier proceedings.
- Compassionate appointment is intended for immediate relief, not delayed claims.
- Married daughters are generally not treated as dependents under the relevant rules.
- Passage of time weakens the very basis of such claims.
After reviewing the records and arguments, the High Court found no merit in the appeal.
“The appellant does not possess the eligibility criteria and has no legal right to seek appointment on compassionate grounds,” the bench held while dismissing the writ appeal.
Case Title: Smt. Laxmi vs Registrar General, High Court of Karnataka & Ors.
Case Number: Writ Appeal No. 100548 of 2024
Judges: Justice B.M. Shyam Prasad & Justice Shivashankar Amarannavar
Decision Date: March 13, 2026
