The law says that only the family members of the deceased employee have to file a claim for compassionate employment. It is also possible to claim compassionate employment on the basis of supporting evidence that one was dependent on a government servant who died of illness. The high court has ordered that if a government employee dies, his sister will not be allowed to get employment on compassionate grounds. G.M., a resident of Gedlahalli in Tumkur district, challenged the order of a single member bench of the high court dismissing the writ petition filed seeking to direct KPTCIL and BESCOM to provide employment to him on the basis of compassion following the death of his married brother who was serving as a line man in BESCOM. Pallavi appealed to the Division Bench.
Dismissing the appeal, Chief Justice P.B. Varale and Justice krishna S. The Division Bench before Dixit held that the appellant did not adduce evidence to establish that he was dependent on the income of the deceased employee (brother) at the time of his death. Also, there are no documents to prove that the deceased employee's family is facing financial hardship to get compassionate employment. It was therefore held that the order of the Single Member Bench which refused to consider the appellant for compassionate employment was appropriate and no interference was required.
Appointment on compassionate grounds is an exception to the general rule of equality in public employment enshrined in Articles 14 and 16 of the Constitution. So, the rules of compassionate employment should be followed strictly. A court cannot add and delete one word to the definition of family when the law makers have specified many words for a person who is a family member of an employee. If an argument against the rule is accepted, the rule is rewritten. Therefore, the bench explained that it is not possible to consider the argument and plea of the appellant.
The law says that only the family members of the deceased employee have to file a claim for compassionate employment. It also said that a claim of compassionate employment can be made on the basis of evidence proving that one was dependent on a government servant who died due to illness. 2(1)(b) of the karnataka Civil services Compassionate Recruitment Rules, 1996 clarifies that if a married male government servant dies due to illness during service, his dependent widow, son or daughter (unmarried, married, divorced and widow) may seek employment on compassionate grounds. Accordingly sister is not included in this definition. The Division Bench held that the sister cannot be construed as a family member of the deceased employee.
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