Case Note & Summary
The petitioner, Mrs. V. Somyashree, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 9.12.2015 passed by the Karnataka Administrative Tribunal, Bengaluru, in Application No.6393 of 2015, and the endorsement dated 3.5.2013 issued by the Director of Treasuries, Karnataka. The petitioner's mother, who worked as a Second Division Assistant at the District Treasury, Mandya, died on 25.03.2012. The petitioner had married on 12.11.2010 but due to differences with her husband, she filed M.C.No.81 of 2012 before the Family Court at Mandya seeking divorce. A decree of divorce was granted on 20.03.2013, annulling the marriage. Thereafter, the petitioner applied for compassionate appointment, which was rejected by the respondents on the ground that she was married at the time of her mother's death and thus not a dependent family member. The Tribunal upheld the rejection. The High Court examined the issue and held that the divorce decree, though passed after the mother's death, relates back to the date of filing of the petition, and therefore the petitioner was not married at the time of death. The court allowed the petition, quashed the impugned order and endorsement, and directed the respondents to consider the petitioner's case for compassionate appointment.
Headnote
A) Service Law - Compassionate Appointment - Dependent Family Member - Divorced Daughter - The petitioner, a divorced daughter, sought compassionate appointment after her mother's death in service. The court held that the divorce decree, though granted after the mother's death, relates back to the date of filing of the divorce petition, and thus the petitioner was not married at the time of death and qualifies as a dependent family member. (Paras 1-5)
B) Service Law - Compassionate Appointment - Marriage Annulment - Retrospective Effect - The court considered that the divorce decree annulled the marriage from its inception, and therefore the petitioner's marital status at the time of the employee's death must be determined with reference to the decree. (Paras 3-5)
Issue of Consideration
Whether a divorced daughter, who was married at the time of the government employee's death but subsequently obtained a divorce, is entitled to compassionate appointment as a dependent family member.
Final Decision
The writ petition is allowed. The order dated 9.12.2015 passed by the Karnataka Administrative Tribunal in Application No.6393 of 2015 and the endorsement dated 3.5.2013 issued by the Director of Treasuries are quashed. The respondents are directed to consider the case of the petitioner for appointment on compassionate grounds in accordance with law.
Law Points
- Compassionate appointment
- dependent family member
- divorced daughter
- marriage annulment
- retrospective effect of divorce decree
- Karnataka Civil Services (Compassionate Appointment) Rules
- 1996
Case Details
2018 LawText (KAR) (12) 1
Writ Petition No.5609 of 2017 (S-KAT)
Justice Ravi Malimath, Justice K. Natarajan
Sri K.S. Naresh Santhosh (for petitioner), Sri I. Tharanath Poojary (for respondents)
The Director of Treasuries in Karnataka, The District Treasury Officer
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Nature of Litigation
Writ petition challenging the order of the Karnataka Administrative Tribunal and the endorsement rejecting compassionate appointment.
Remedy Sought
Quash the order dated 9.12.2015 of the Karnataka Administrative Tribunal and the endorsement dated 3.5.2013, and direct the respondents to consider the petitioner's case for appointment on compassionate grounds.
Filing Reason
The petitioner's mother died in service on 25.03.2012. The petitioner was married on 12.11.2010 but filed for divorce, which was granted on 20.03.2013. The respondents rejected her application for compassionate appointment on the ground that she was married at the time of her mother's death.
Previous Decisions
The Karnataka Administrative Tribunal dismissed the petitioner's application on 9.12.2015, upholding the rejection.
Issues
Whether the petitioner, who was married at the time of her mother's death but subsequently obtained a divorce, is entitled to compassionate appointment as a dependent family member.
Submissions/Arguments
The petitioner argued that the divorce decree annulled the marriage from its inception, and therefore she should be considered unmarried at the time of her mother's death.
The respondents contended that since the petitioner was married at the time of her mother's death, she was not a dependent family member eligible for compassionate appointment.
Ratio Decidendi
A divorce decree, though granted after the death of the government employee, relates back to the date of filing of the divorce petition. Therefore, the petitioner, who obtained a divorce decree after her mother's death, was not married at the time of death and qualifies as a dependent family member for compassionate appointment.
Judgment Excerpts
The case of the petitioner is that, her mother was working as a Second Division Assistant at the office of District Treasury, Mandya. She died on 25.03.2012.
By an order dated 20.03.2013, the decree of divorce was granted and the marriage was annulled.
The divorce decree relates back to the date of filing of the petition. Therefore, the petitioner was not married at the time of her mother's death.
Procedural History
The petitioner's mother died on 25.03.2012. The petitioner filed for divorce on an unspecified date (M.C.No.81 of 2012), and the decree was granted on 20.03.2013. She then applied for compassionate appointment, which was rejected by endorsement dated 3.5.2013. She filed Application No.6393 of 2015 before the Karnataka Administrative Tribunal, which was dismissed on 9.12.2015. She then filed the present writ petition on an unspecified date, which was allowed on 17.12.2018.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Civil Services (Compassionate Appointment) Rules, 1996:
