The Karnataka High Court has ruled that a married daughter cannot be denied consideration for compassionate appointment merely because she was married when her father, a government employee, passed away. Setting aside the Karnataka State Administrative Tribunal's order, the Division Bench directed the authorities to reconsider the petitioner's application under the amended Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996.
Background of the Case
The petitioner, Smt. Savitha R, approached the High Court after the Karnataka State Administrative Tribunal rejected her challenge to an endorsement dated March 12, 2021. The endorsement had refused her request for compassionate appointment on two grounds-that she was a married daughter and that her mother was a retired government servant receiving pension.
Her father had served as a Group-D employee (Cook) in a Pre-Matric ST Boys' Hostel in Challakere and died while in service on February 25, 2014. She applied for compassionate appointment within the prescribed time in December 2014. However, at that time, the Rules did not recognize married daughters as eligible family members for such appointments.
Court's Observations
The Bench of Justice S.G. Pandit and Justice Rajesh Rai K noted that the legal position had changed after the 2021 amendment to the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which expanded the definition of "family" to include married daughters.
Referring to earlier decisions of the High Court, the Bench observed that the amendment was made by way of substitution, meaning the revised provision must be read as part of the Rules from their inception for the purpose of considering eligible claims.
The court observed,
"The Tribunal committed a grave error in rejecting the petitioner's application and... the petitioner would be entitled for consideration of her case for compassionate appointment in terms of Rules, 1996."
The judges further clarified that the authorities were also not justified in rejecting the application solely because the petitioner's mother was a retired government employee receiving pension. According to the Bench, the claim must instead be examined under the eligibility requirements contained in Rules 4, 5 and 6 of the 1996 Rules.
The court also pointed out that although the Tribunal had accepted that married daughters were legally entitled to seek compassionate appointment, it failed to provide any convincing reason for denying relief to the petitioner.
Court's Decision
Allowing the writ petition, the Karnataka High Court set aside the Tribunal's order dated January 21, 2022, as well as the endorsement dated March 12, 2021 rejecting the petitioner's request.
The Bench directed the concerned authorities to reconsider the petitioner's application for compassionate appointment in accordance with the amended Rules and the High Court's earlier precedent concerning married daughters.
The authorities have been instructed to pass an appropriate order within three months.
Case Details
Case Title: Smt. Savitha R v. State of Karnataka & Others
Case Number: Writ Petition No. 3765 of 2022 (S-KSAT)
Judges: Justice S.G. Pandit and Justice Rajesh Rai K
Decision Date: June 15, 2026
