Compassionate Appointment Case should be decided within 90 Days: Karnataka High Court

The Karnataka High Court has said that the authorities must decide on applications for Compassionate Appointment within 90 days from the date the application is received. This order aims to ensure that bereaved families, especially those who lose their primary breadwinner, receive timely support.

The order was passed by a division bench of Justice Mohammad Nawaz and Justice K S Hemalekha, who emphasized that compassionate appointments are welfare measures meant to provide immediate financial relief to the families of deceased employees. Therefore, the state has a high responsibility to follow fair and transparent procedures in such matters.

The court was hearing a case where a widow had applied for a compassionate appointment for one of her four sons after the death of her husband, a government employee. However, due to delays by the authorities, the request was not acted upon in time and was later rejected. Although the State Administrative Tribunal eventually granted relief, the State government challenged it in the High Court, arguing that the application was time-barred.

The Court rejected this argument and said that when a widow or illiterate person applies on time, the authorities must act promptly and helpfully. Any failure in doing so can unjustly deny benefits to rightful dependents.

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: Court

The father of the applicant by name Raja Patel Banda, who was working as a Peon in the office of the Tahasildar, Jewargi died in harness on 16.12.2014. Following his death, the widow, mother of the applicant submitted an application on 02.01.2015 seeking pension, retirement benefits and sought compassionate appointment not for herself, but requesting that one of her four eligible sons be considered for compassionate appointment. The authorities failed to act on or respond to her application.

The second son, elder brother of the applicant filed an application on 05.10.2015. The said application was rejected on the ground that he has crossed his age limit. It is thereafter, the applicant, second son filed an application on 23.02.2017 requesting to appoint him on compassionate ground by considering the first application filed by his mother on 02.01.2015, which was acknowledged by the Tahasildar.

The application was rejected on the ground that it was time barred under Rule 5 of the Rules, 1996 which requires applications to be filed within one year of the death of the Government Servant. The applicant aggrieved by the said endorsement, challenged the same before the Karnataka State Administrative Tribunal, Kalaburagi Bench (‘Tribunal’, for short).

To avoid such situations in the future and bring transparency, clarity, and fairness to the process, the High Court laid down specific guidelines:

Acknowledgement Within 30 Days:
Every application (whether in the prescribed format or not) must be acknowledged in writing within 30 days. The applicant must be informed about whether the application is complete or incomplete, any missing documents or format issues, the rights of other dependents to apply and the applicable deadline or limitation period.

Support for Widows and Illiterate Applicants:
If the applicant is a widow, illiterate, or otherwise disadvantaged, the concerned department must take active steps to help them complete and file the application correctly. They must also guide other dependents on how to apply.

Decision Within 90 Days:
Authorities must decide on every application within 90 days of receiving it. If the application is not valid or maintainable, a reasoned order must be given to the applicant immediately.

Standard Operating Procedure (SOP):
The State Government should create a uniform SOP and train officials handling such cases to avoid errors and delays.

The Court also directed the State Government to issue clear instructions to all Heads of Departments to follow this 90-day deadline strictly. Additionally, in this specific case, the Court ordered the government to provide compassionate appointment to the petitioner’s son within 8 weeks.

Download Court Order PDF (This PDF is available for Premium Users Only. Click here to join premium)