Case Note & Summary
The dispute arose from a writ appeal filed by the Kalyana Karnataka Road Transport Corporation challenging the order of a Single Judge directing the Corporation to consider the appointment of the brother of a deceased employee on compassionate grounds. The deceased, Veeresh Mantappa Lolasar, had served as a driver until his death on 21-09-2023. His mother sought employment for her other son, who was married and living separately, after the Corporation rejected the request based on the Circular governing compassionate appointments. The Single Judge allowed the writ petition, leading to the Corporation's appeal. The appellant contended that the brother did not qualify as a dependent under the Circular, which specifies that only the spouse and children of a married employee are eligible for compassionate appointments. The respondents argued that the brother's undertaking to care for their aged mother justified the appointment. The court analyzed the Circular's provisions and the circumstances surrounding the deceased's family. It concluded that the brother, being married and not residing with the deceased, did not meet the definition of a dependent. The court emphasized that compassion cannot extend the eligibility criteria set by the policy. Ultimately, the court allowed the appeal, set aside the Single Judge's order, and upheld the Corporation's rejection of the compassionate appointment claim, clarifying that compassionate appointments are not rights but concessions based on necessity.
Headnote
A) Employment Law - Compassionate Appointment - Eligibility Criteria - Karnataka High Court Act, 1961, Section 4 - The court held that the mere marriage of the deceased employee cannot be a ground to reject an application for compassionate appointment if the spouse predeceased the employee and there are no children. The court emphasized that the governing Circular clearly defines dependents and that compassion cannot override established eligibility criteria (Paras 9-28).
Issue of Consideration
Whether the brother of a deceased employee can be granted compassionate appointment despite being married and residing separately.
Final Decision
The Writ Appeal was allowed, the order dated 19-08-2025 was set aside, and the rejection of the claim for compassionate appointment was sustained.
Law Points
- Compassionate appointment
- eligibility criteria
- dependent definition
- administrative policy
- judicial interpretation
