PRASHANT MAHADEV PYATI v. REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, BANGALORE
2009-01-05
H.G.RAMESH
body2009
DigiLaw.ai
ORDER In this writ petition, the petitioner is challenging the order dated 25-1-2005 passed by respondent I-the Registrar General, High Court of Karnataka, rejecting the application of the petitioner for appointment on compassionate grounds on the ground that he is not entitled for such an appointment under the Rules, his father-Mahadeva Dundappa Pyati who was working as Second Division Assistant in the Court of the Civil Judge (Junior Division), Badami had died in harness on 12-7-1997. 2. I have heard the learned Counsel appearing for the parties and perused the impugned order at Annexure-F. 3. It is relevant to state that this Court in W.P. No. 43897 of 2001 which was disposed on 28-11-2002 had directed respondent 1 to consider the application filed by the petitioner seeking appointment on compassionate grounds in accordance with the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short, "the Rules"), as they existed on the date of the application filed by the petitioner. It is stated that the application is dated 30-6-2000 and was filed on 3-7-2000. Respondent 1 has rejected the application on the ground that the application was filed beyond the period stipulated in Rule 5 of the Rules. 4. Learned Counsel appearing for the petitioner submits that the rejection of the application is erroneous and in support of his submission, he relied on two judgments of this Court in W.P. No. 22851 of 2005 (dated 21-11-2005) and W.A. Nos. 2941 and 2942 of 2003 (dated 10-6-2005. 5. To examine as to whether the application was rightly rejected, it is relevant to refer to Rule 5 of the Rules which read as follows.- "5.
2941 and 2942 of 2003 (dated 10-6-2005. 5. To examine as to whether the application was rightly rejected, it is relevant to refer to Rule 5 of the Rules which read as follows.- "5. Application for appointment.-Every dependent of a deceased Government servant, seeking appointment under these rules shall make an application within one year from the date of death of the Government servant, in such form, as may be notified' by the Government, from time to time, to the Head of the Department under whom the deceased Government servant was working: Provided that in the case of a minor he must have attained the cage of eighteen years within one year from the date of the death of the Government servant and he must make on application within one year thereafter: Provided further that nothing in the first proviso shall apply to an application made by the dependent of a deceased Government servant, after attaining majority and which was pending for consideration on the date of commencement of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 1998". (emphasis supplied) A perusal of the first proviso to the above Rule which had come into force with effect from 1-4-1999 would show that in case of a minor, for the application to be valid under Rule 5 of the Rules, he should have attained the age of eighteen years within one year from the date of death of the Government servant and should have applied within one year thereafter. In this case, as on the date of the application, the proviso referred to above was in force. The father of the petitioner had died on 12-7-1997 and admittedly the petitioner had not attained the majority within one year from that date. Hence rejection of the application on the ground that it was not made within the period granted under Rule 5 cannot be said to be erroneous. The judgments relied on by the learned Counsel for the petitioner are not applicable to the facts of the present case. Petition dismissed.