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2020 DIGILAW 101 (KAR)

V. RAKESH S/O. C. VENKATESH v. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY

2020-01-10

H.P.SANDESH, S.N.SATYANARAYANA

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ORDER : 1. The petitioner herein, an unsuccessful applicant in Application No.8045/2016 on the file of the Karnataka State Administrative Tribunal, Bengaluru, [‘Tribunal’, for short] has come up in this writ petition impugning the order dated 28.11.2017 passed therein. 2. The brief facts leading to this writ petition are as under: The petitioner herein is son of Smt. R. Renuka Devi who was working as Junior Health Assistant in Primary Health Centre, Bairamangala, Bengaluru Rural District, who died on 2.7.2000 in harness. At the time of her death, it is stated that the petitioner herein was aged about nine years. The records would indicate that after the death of Smt. R. Renuka Devi, her husband C. Venkatesh had approached the Tribunal for a direction to the State of Karnataka, represented by its Secretary, Health Department and also to the Director, Health and Family Welfare Services, to consider him for providing employment on compassionate grounds. His application in Application No.8791/2001 was rejected by the Tribunal by its order dated 7.1.2008 on the ground that as on the date of the application, the applicant was over aged to be considered for any post in the said Department. The said order of dismissal of the application has reached finality and the same was not subject matter of challenge before any other forum. Subsequently, it is seen that the petitioner herein who is the only son of deceased Smt. R. Renuka Devi, approached the Tribunal by filing an application in Application No.8045/2016 seeking a direction in the similar manner in which the application was filed by his father for appointment on compassionate grounds. 3. Admittedly, this application is filed sixteen years after the death of Smt. R. Renuka Devi. Though the prayer of the petitioner herein is that the application which was filed immediately within one year from the date of death of his mother was rejected on the ground that the applicant C. Venkatesh, father of the present petitioner, was over aged, therefore option is still available to him to seek appointment on compassionate grounds. However, the same is rejected by the Tribunal citing Rule 5 of the Karnataka Civil Services [Appointment on Compassionate Grounds] Rules, 1996 on the ground that the applicant who was minor during the period when his mother died, had not attained the age of majority within one year from the date of death of the Government servant. However, the same is rejected by the Tribunal citing Rule 5 of the Karnataka Civil Services [Appointment on Compassionate Grounds] Rules, 1996 on the ground that the applicant who was minor during the period when his mother died, had not attained the age of majority within one year from the date of death of the Government servant. However, the scope of said Rule is clarified by the Tribunal in paragraph4 of its order which is as under: “4. Rule 5 of the Karnataka Civil Services [Appointment on Compassionate Grounds] Rules, 1996, does not provide appointment for a minor who has not attained the age of majority within one year from the date of death of the Government servant. In the instant case, at the time of death of the Government servant the applicant was 9 years old and after he completed SSLC and attained the age of majority, he made an application for appointment on compassionate ground. The decision of this Tribunal made in A. No.10383/2016 [disposed of on 28.10.2016] [N.S. Harsha vs. State of Karnataka and others] is applicable on all fours to the case on hand.” and consequently dismissed the application filed by the petitioner which is said to be challenged in this writ petition. 4. Heard learned counsel for the petitioner as well as contesting Government Pleader appearing for the State. 5. On going through the order impugned, more particularly, the portion referred to supra, we are of the considered opinion that no legal right survives for the petitioner to seek appointment on compassionate grounds on proper appreciation of Rule – 5 referred to supra. Accordingly, writ petition is dismissed.