Case Note & Summary
The State of Karnataka and the Commissioner, Department of Survey, Settlement and Land Records, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, challenging the order dated 23.02.2022 passed by the Karnataka Administrative Tribunal (KAT) at Kalaburagi in Application No.5115/2019. The KAT had directed the petitioners to consider the respondent's claim for compassionate appointment. The respondent, Sri Mahaboob Patel, son of late Raja Patel, sought compassionate appointment after the death of his father, a government servant, which occurred on 08.05.2008. The respondent applied for compassionate appointment on 22.11.2019, i.e., after a delay of about 11 years and 6 months from the date of death. The KAT allowed the application and directed the authorities to consider the claim. The High Court, in its CAV order, held that compassionate appointment is an exception to the general rules of public employment and is not a vested right. The primary purpose is to address the immediate financial needs of the family caused by the death of the earning member. The court noted that the respondent's application was made after a significant delay of 11 years, which indicated that the immediacy of the need had diminished. The court also observed that compassionate appointment must be made strictly according to the relevant schemes, rules, and instructions. The High Court quashed the KAT order and dismissed the application, allowing the writ petition.
Headnote
A) Service Law - Compassionate Appointment - Delay - The primary purpose of compassionate appointment is to address the immediate financial needs of the family since compassionate appointment is not a vested right. The appointment is meant to help the family to overcome the crisis caused by the death of the earning member, not to provide an alternative career path or compensate for the loss. It is also settled proposition that the requests made after a significant delay are generally not entertained, as the immediacy of the need is considered to have diminished. It is also well settled that compassionate appointment must be made strictly according to the relevant schemes, rules and instructions. (Paras 2-3)
Issue of Consideration
Whether the Karnataka Administrative Tribunal (KAT) erred in directing compassionate appointment in favour of the respondent despite an unexplained delay of 11 years from the date of death of the government servant.
Final Decision
The High Court allowed the writ petition, quashed the order of the Karnataka Administrative Tribunal dated 23.02.2022 in Application No.5115/2019, and dismissed the application for compassionate appointment.
Law Points
- Compassionate appointment is an exception to general rules of public employment
- not a vested right
- primary purpose is to address immediate financial needs of the family due to death of earning member
- requests made after significant delay are generally not entertained as immediacy of need diminishes
- appointment must be made strictly according to relevant schemes
- rules and instructions.
Case Details
2025 LawText (KAR) (07) 94
WP No. 202187 of 2023 (S-KAT)
Hon'ble Mr. Justice Mohammad Nawaz, Hon'ble Mrs. Justice K S Hemalekha
Sri Malhara Rao K., AAG a/w Smt. Maya T.R., HCGP for petitioners; Sri Devaraj Manohar, Advocate for respondent
The State of Karnataka, represented by the Principal Secretary, Department of Revenue, Bengaluru; The Commissioner, Department of Survey, Settlement and Land Records, Bengaluru
Sri Mahaboob Patel, S/o Late Raja Patel
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka Administrative Tribunal (KAT) directing compassionate appointment.
Remedy Sought
The petitioners (State of Karnataka and Commissioner) sought a writ of certiorari to quash the KAT order dated 23.02.2022 in Application No.5115/2019 and to dismiss the application.
Filing Reason
The KAT allowed the respondent's application for compassionate appointment despite a delay of 11 years from the date of death of the government servant.
Previous Decisions
The Karnataka Administrative Tribunal at Kalaburagi in Application No.5115/2019 dated 23.02.2022 directed the petitioners to consider the respondent's claim for compassionate appointment.
Issues
Whether the KAT erred in directing compassionate appointment despite an unexplained delay of 11 years from the date of death of the government servant.
Submissions/Arguments
The petitioners argued that the respondent applied for compassionate appointment after a delay of about 11 years and 6 months, which defeats the very purpose of compassionate appointment as the immediacy of need diminishes over time.
The respondent contended that he was entitled to compassionate appointment as per the rules.
Ratio Decidendi
Compassionate appointment is an exception to the general rules of public employment and is not a vested right. Its primary purpose is to address the immediate financial needs of the family caused by the death of the earning member. A significant delay in applying for compassionate appointment indicates that the immediacy of the need has diminished, and such requests are generally not entertained. Appointment must be made strictly according to the relevant schemes, rules, and instructions.
Judgment Excerpts
Appointment on compassionate ground is an exception to the general rules of public employment, which require appointments based on merit and open competition.
The primary purpose of compassionate appointment is to address the immediate financial needs of the family since compassionate appointment is not a vested right.
It is also settled proposition that the requests made after a significant delay are generally not entertained, as the immediacy of the need is considered to have diminished.
Procedural History
The respondent filed Application No.5115/2019 before the Karnataka Administrative Tribunal (KAT) at Kalaburagi seeking compassionate appointment. The KAT allowed the application on 23.02.2022. The State of Karnataka and the Commissioner challenged this order by filing WP No. 202187 of 2023 before the High Court of Karnataka, Kalaburagi Bench. The High Court heard the matter, reserved orders on 17.07.2025, and pronounced the judgment on 25.07.2025.
Acts & Sections
- Constitution of India: Articles 226, 227
