IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.50741 OF 2017 (S-KAT) BETWEEN:
1. THE DEPUTY COMMISSIONER OF POLICE CITY ARMED RESERVE (HEAD QUARTERS) MYSURU ROAD BENGALURU-560 018.
2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE NRUPATHUNGA ROAD BENGALURU-560 001.
3. THE SECRETARY TO GOVERNMENT DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS VIDHANA SOUDHA BENGALURU-560 001.
... PETITIONERS (BY SRI: I THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE) AND:
SRI A. VINODH KUMAR AGED ABOUT 19 YEARS SON OF LATE SRI K. V. ANANTH KUMAR DOOR NO.34, B. ANTONY LAYOUT DEVARACHIKKAHALLI ROAD BEGUR BENGALURU-560 068.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.05.2015 IN APPLICATION NO.791 OF 2006 OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU AT ANNEXURE- A; ALLOW THE WRIT PETITION AND DISMISS THE APPLICATION NO.791 OF 2006 FILED BY THE RESPONDENT IN KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU AND ETC., ***** THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., PASSED THE FOLLOWING:
ORDER Aggrieved by the order dated 05.05.2015 passed in Application No.791 of 2006 by the Karnataka Administrative Tribunal, Bengaluru, the respondents therein have filed this petition.
2. The case of the applicant is that his father died while in service as Police Constable on 28.09.1992. The applicant who is the son made an application for appointment on compassionate grounds. He was a minor at the time of death of his father. He attained majority on July, 2004. He made an application within one year thereafter seeking appointment on compassionate grounds. The same was rejected by the respondent No.1 therein. Hence, he filed the instant application before the Tribunal. The Tribunal relying on the earlier Division Bench judgment of this Court in Writ Petition No.32699 of 2002 dated 03.04.2003, allowed the application and directed the first respondent therein to consider the claim of the applicant for appointment on compassionate grounds, if otherwise eligible. Questioning the same, the State has filed this petition.
3. The learned Counsel for the petitioners contend that the applicant is not entitled for any relief. That the Government has made an amendment to the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which indicates that in a case of minor, he must have attained the age of 18 years within one year from the date of death of the Government servant and the application shall be made within one year thereafter.
4. However, in Writ Petition No.32699 of 2002, the very question came up for consideration and by the order dated 03.04.2003, it was held that the Rule is not with retrospective effect and it is only with a prospective effect. That it became applicable only with effect from 24.11.2000. It was held that, in a matter of compassionate appointment, the Rule cannot be read as retrospective in nature. Therefore, we find that when the earlier judgment of the Division Bench of this Court has been followed and that the said order has reached finality, we cannot find fault with the order of the Tribunal for granting relief to the applicant.
For the aforesaid reasons, the petition is rejected.
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JUDGE JUDGE *bgn/-