G. C. BHARUKA, J. ( 1 ) HEARD Mr. S. P. Kulkarni, learned Counsel for the petitioner and Mrs. V. Vidya, learned High Court Government Pleader for respondents. ( 2 ) THE present writ petition is directed against the letter dated 17-1-1998 (Annexure-C) written by the 1st respondent to the 2nd respondent informing him that the claim of the petitioner for an appointment on compassionate ground in the establishment of respondent-authorities stands rejected. ( 3 ) THE petitioner is the widow of one late Sri Chidananda Bagoji, peon in the Court of Civil Judge (Junior Division)-cum-Judicial Magistrate First Class, Gokak, Belgaum District, who died on 29-9-1996 in harness leaving behind him the petitioner and three minor children as evidenced by survivorship Certificate dated 28-9-1996 (Annexure-B) issued by the jurisdictional Tahsildar. ( 4 ) IT is not in dispute that the petitioner, subsequent to death of her husband, late Chidananda Bagoji, filed an application for grant of an appointment on compassionate ground keeping in view the provisions of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (hereinafter 'the Rules'), which are applicable to the depend ems of the deceased employees of the Courts in the State of Karnataka as well. However, the said application was rejected as per the letter dated 17-06-1996 (Annexure-C) written by the Assistant Registrar of this Court. ( 5 ) IN the statement of objections filed by the respondents, the grounds set out for rejecting the claim of the petitioner for an appointment on compassionate grounds is that the family of the deceased Chidananda bagoji, has received in all a sum of Rs. 46,925/- (Rs. 22,800/- as death-cum-Retirement Gratuity, Rs. 4,125/- as Leave Salary and Rs. 20,000/- as Group Insurance) over and above Rs. 500/- per mensum as family pension. Therefore, according to the respondents, no economic crisis or adverse situation has arisen for livelihood of the family of the petitioner necessitating the grant of an appointment on compassionate ground as held by the Division Bench of this Court in the case of R. V. Krishnappa v Karnataka Electricity Board. 500/- per mensum as family pension. Therefore, according to the respondents, no economic crisis or adverse situation has arisen for livelihood of the family of the petitioner necessitating the grant of an appointment on compassionate ground as held by the Division Bench of this Court in the case of R. V. Krishnappa v Karnataka Electricity Board. ( 6 ) IT will be appropriate to quote here the relevant portion of the above judgment of the Division Bench, which after examining the entire spectrum of law relating to appointment on compassionate grounds, in Paragraph 9, has held thus:"after referring to various pronouncements made by the Apex court and this Court it can be concluded that. (1) All appointments in the public service should be made strictly on the basis of open invitation of applications on merit, however, subject to the exceptions carved out in the interest of justice; (2) One of such exceptions may be the appointments on compassionate grounds as a measure of sympathy, as pity or mercy or sorrow for the suffering of another; (3) Such appointment should be made with the object to enable the family to tide over the sudden crisis. Such an appointment is not intended to give a member of the family a job in lieu of the post held by the deceased; (4) Compassionate appointments have to be made strictly in accordance with the rules applicable, policy decision of the employer or the Government instructions issued in that behalf; (5) In the absence of statutory rules, policy or the order regarding compassionate appointments, the concerned authorities are required to ascertain by holding appropriate summary enquiry, the position of the family keeping in view the financial position of the dependents of the deceased employee. Under such circumstances, the compassionate appointment could not be declined merely on the ground that one of the sons of the deceased was already in employment provided it is shown that such employed son of the deceased was not living jointly with the deceased at the time of his death and was not in any way contributory or sharing to the economic burden of the family as the dominant object 6f compassionate appointment is to relieve the family of the distress of the sudden financial crisis or destitution. (6) In deciding the financial position and strain on the family, the appropriate authority may take into consideration the monthly income of the dependent members of the family and the other monetary benefits conferred upon the family on account of the death of the deceased employee and compassionate employment should be offered after the financial crisis in the family is over". ( 7 ) AS per point No. (4) of para 9 of the judgment referred to above, the appointment on compassionate grounds has to be made strictly in accordance with the rules applicable to the service in which the deceased employee was working and so far as point Nos. (5) and (6) of para 9 of the judgment are concerned, those can have application only if there are no rules governing the concerned service. In the present case, admittedly, the appointment sought for, is governed by the rules framed by the State Government. Rule 4 of the Rules is material for the present purpose, which reads thus. KARNATAKA CIVIL SERVICES (APPOINTMENT ON COMPASSIONATE grounds) RULES, 19961 XXX XXX XXX. 4. Conditions of appointment. Appointment on compassionate grounds under these rules shall be subject to the following conditions, namely: (1) The family of the deceased Government servant should be in a financial crisis or destitution. Explanation. (a) Family of a deceased Government servant shall be considered to be in financial crisis or destitution if the recurring monthly income of the family from all sources is less than the total emoluments including Dearness Allowance, House rent Allowance and City Compensatory Allowance admissible at bangalore and the average of the minimum and maximum of the scale of pay of the post of the First Division Assistant as on the date of making application for compassionate appointment. For calculating such monthly income, the income from family pension, lump sum pensionary benefits and interest earned thereon shall be excluded. For calculating such monthly income, the income from family pension, lump sum pensionary benefits and interest earned thereon shall be excluded. (b) Recurring monthly income from all sources other than family pension, lump sum pensionary benefits and the interest earned thereon, of the family for the purpose of this rule shall be computed by the Head of the Office or the Head of the department or the appointing authority: (i) on the basis of the last annual property return filed by the deceased Government Servant and if, for any reason, it is not available, on the basis of a certificate of income issued by a revenue Officer not below the rank of Tahsildar; and (ii) in case any member of the family of the deceased government servant is employed in any State or Central government Service or a public or private sector undertaking or a private establishment, on the basis of a certificate issued by his employer and in case such member is self-employed on the basis of certificate issued by a Revenue Officer not below the rank of Tahsildar. (2) Person seeking appointment shall be within the age limit specified for the post in the relevant rules of recruitment especially made in respect of any service or post read with sub-rule (3) of Rule 6 of the Karnataka Civil Service (General Recruitment) Rules, 1977 and where it is not so specified such person shall be within the age limits specified in the Karnataka Civil Services (General Recruitment) Rules, 1977. (3) Person seeking appointment should possess the minimum qualification specified for the post in the relevant rules of recruitment specially made in respect of any service or post. (4) Appointment shall be confined to the post of Assistant, First division Assistant or Second Division Assistant or equivalent grade post in Group 'c' and any Group 'd' post depending upon the qualification specified for the post but excluding such posts as may be specified by the Government from time to time. (5) Appointment shall be made only against a direct recruitment vacancy, but for the purpose of calculation of quota between direct recruits and promotees it shall not be taken into account. (5) Appointment shall be made only against a direct recruitment vacancy, but for the purpose of calculation of quota between direct recruits and promotees it shall not be taken into account. (6) Appointment shall be made in the department in which the deceased Government servant was working: provided that if no vacancy is available in that department subject to any general order that may be issued by the government, appointment may be made in any other department of the Government where the vacancy is available. ( 8 ) FROM bare reading of the above provisions, it is crystal clear that for ascertaining whether the family of the deceased is in any financial crisis or under destitution or not, the family pension and lump sum pensionary benefits and interest earned thereon has to be excluded. Therefore, if the said rule is applied to the present case, then there does not seem to be any material with the respondents to hold that the family of the deceased was not in financial crisis for the purposes of the Rules. It may be of interest to note here that though the last pay drawn by deceased Chidananda Bagoji as peon in all was Rs. 2,225/- only but as per the explanation to Rule 4 (1) of the Rules, after his death the family will be deemed to be in financial crisis or destitution unless it is found that the total income of the family from all sources was at least Rs. 5,7897- being the average of maximum and minimum of pay-scale of the post of First Division Assistant plus allowances and that too excluding the amounts received by way of the family pension, lump sum pensionary benefits and interest earned thereon. ( 9 ) IN the explanation to Rule 4 (1), a fictional meaning to the words 'financial crisis' or 'destitution' has been given despite the law laid down by the Supreme Court in the case of Umesh Kumar Nagpal v State of Haryana and Others1, wherein it has been clearly held that 'the Government and the public authorities cannot offer compassionate appointments as a matter of course and it can be offered only if it is found as of fact that "but for the provisions of employment the family will not be able to meet the crisis". On the face of the law so declared by the supreme Court, which binds all the organs of the State, whether the explanation to Rule 4 (1) of the Rules purporting to give an artificial meaning to the words "financial crisis or destitution", is constitutionally sustainable or not, can be a debatable issue. But, I have not been called upon to decide this issue and therefore, I leave it at that. ( 10 ) ANYHOW, since the respondents have not at all taken into account the provisions of the rules in question, therefore, the impugned letter No. LCA-II-149/97, dated 17-01-1998 at Annexure-C written by the Assistant Registrar of this Court is quashed with liberty to the respondents to reconsider the application filed by the petitioner keeping in view the rules in question. Since the matter pertains to an appointment on compassionate grounds, therefore, the Registry of this Court is directed to immediately attend and dispose of the same within two weeks from the date of communication of this order. ( 11 ) SUBJECT to the aforesaid observations and directions, the writ petition is allowed. No costs. --- *** --- .