Case Note & Summary
The appellant, Smt. Surekha, was married to Prakash Doshetty, a teacher who died in harness on 29.10.2019. She claimed compassionate appointment and family pension as his widow. The respondents rejected her claim on the ground that the marriage was dissolved by mutual divorce recorded in a compromise order dated 07.05.2013 in Crl.Misc. No.49/2011. The appellant filed a writ petition which was dismissed by the learned Single Judge. In appeal, the Division Bench of the Karnataka High Court held that the term 'widow' under the Karnataka Civil Services (Compassionate Grounds) Rules, 1996 includes a divorced wife who was the spouse at the time of death, as the divorce did not automatically disqualify her. The court set aside the impugned order and directed the respondents to reconsider the appellant's claim for compassionate appointment and family pension in accordance with law, without treating the divorce as a bar.
Headnote
A) Compassionate Appointment - Widow - Divorce - Rule 2(1)(a), Rule 3, Rule 4 of Karnataka Civil Services (Compassionate Grounds) Rules, 1996 - The appellant, divorced from the deceased employee, claimed compassionate appointment as widow. The court held that the term 'widow' under the Rules includes a divorced wife who was the spouse at the time of death, as the divorce did not sever the relationship for the purpose of compassionate appointment. The court set aside the rejection of her claim and directed reconsideration. (Paras 2-6) B) Family Pension - Widow - Divorce - Karnataka Civil Services Rules - The appellant also claimed family pension. The court held that the denial of family pension on ground of divorce was erroneous, as the divorce was mutual and the appellant remained the nominee. The court directed payment of family pension and other terminal benefits. (Paras 2-6)
Issue of Consideration
Whether a divorced widow is entitled to compassionate appointment and family pension under the Karnataka Civil Services (Compassionate Grounds) Rules, 1996, despite the dissolution of marriage by mutual divorce prior to the employee's death.
Final Decision
The appeal is allowed. The impugned order of the learned Single Judge dated 22.06.2022 in W.P. No.201460/2021 is set aside. The letter dated 18.06.2021 issued by the 2nd respondent is quashed. The respondents are directed to reconsider the appellant's claim for compassionate appointment and family pension in accordance with law, without treating the divorce as a bar.
Law Points
- Compassionate appointment
- Widow
- Divorce
- Family pension
- Karnataka Civil Services (Compassionate Grounds) Rules
- 1996
- Rule 2(1)(a)
- Rule 3
- Rule 4
- Karnataka High Courts Act
- 1961
- Section 4
