Sister Cannot Seek Compassionate Appointment Upon Death Of Married Brother: Karnataka High Court

The Karnataka High Court has held that a sister cannot be appointed on compassionate grounds upon the death of her married brother, who was working as Junior Line Men with Bangalore Electricity Supply Company (Bescom).

A Division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit referred to Rule 2(1)(b) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which stipulates that "family" for the purpose of these rules,- (i) in the case of the deceased male married Government Servant, his widow, son and daughter (unmarried/married/divorced/widowed) who were dependent upon him and were living with him."

Court said it has been a long settled position that only a member of the family of the deceased employee alone can stake his/her claim for appointment on compassionate grounds, that too by producing material to vouch dependence on the employee who died in harness.

“A sister does not figure in the definition, is obvious. The appellant being a sister cannot be construed as a member of the family of the deceased. These Rules are adopted and followed by the respondent-KPTCL and the respondent-BESCOM who happen to be the Government Companies as defined u/s 617 of the erstwhile Companies Act, 1956 and section 2(45) of the Companies Act, 2013,” it added.

Court reiterated that appointment on compassionate grounds is an exception to the general rule of equality in public employment enacted in Articles 14 & 16 of the Constitution and therefore, the Rules providing for such appointment need to be construed strictly.

It opined, “Courts through the process of interpretation cannot expand the contours of a statutory definition. When the Rule Maker in so many words has specified the persons as being the members of the family of an employee, we cannot add one to or delete one from the definition of family. An argument to the contrary if accepted, would amount to rewriting the Rule, and therefore, cannot be countenanced.”

Accordingly, it dismissed the appeal.

Appearance: Advocate M C Basavaraju for Appellant.

Citation: LiveLaw (Kar) 352

Case Title: Pallavi G M And The Managing Director & Others

Case No: WRIT APPEAL NO. 626 OF 2023

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