Karnataka High Court: Married Daughters Cannot Be Denied Compassionate Appointment Because Their Mother Receives Pension

The Karnataka High Court has ruled that a married daughter cannot be denied compassionate appointment merely because she is married or because her mother is a retired government employee receiving a pension. The case involved a woman whose father, a government cook, died while in service in 2014.

Although she applied for compassionate appointment within the prescribed time, her request was rejected because, at that time, the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 did not recognize married daughters as eligible dependants. The rules were later amended in 2021 to include married daughters within the definition of "family." Despite this change, both the department and the Karnataka State Administrative Tribunal refused her claim, prompting her to approach the High Court.

A Division Bench of Justices S.G. Pandit and Rajesh Rai K observed that the 2021 amendment was made by substitution, meaning it should be read as part of the original rules. The Court relied on earlier judgments which had declared the exclusion of married daughters unconstitutional and held that the petitioner's application deserved consideration under the amended rules. It further clarified that a mother's pension cannot automatically disqualify a claimant from compassionate appointment, as the authorities must assess eligibility under the relevant provisions of the 1996 Rules.

The High Court set aside the Tribunal's order and directed the State authorities to reconsider the petitioner's application within three months in accordance with the amended rules.