THE SECRETARY TO GOVT. DEPARTMENT OF EDUCATION (PRIMARY) & ORS. versus BHEEMESH ALIAS BHEEMAPPA

Citation: [2021] 12 S.C.R. 123 · Decided: 16-12-2021 · Supreme Court of India · Bench: HEMANT GUPTA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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[2021] 12 S.C.R. 123
123
THE SECRETARY TO GOVT. DEPARTMENT OF EDUCATION
(PRIMARY) & ORS.
v.
BHEEMESH ALIAS BHEEMAPPA
(Civil Appeal No. 7752 of 2021)
DECEMBER 16, 2021
[HEMANT GUPTA AND V. RAMASUBRAMANIAN, JJ.]
Service Law: Compassionate appointment – Appointment on
compassionate grounds is not automatic, but subject to strict scrutiny
of various parameters including the financial position of the family,
the economic dependence of the family upon the deceased employee
and the avocation of the other members of the family – Therefore,
no one can claim to have a vested right for appointment on
compassionate grounds – In the instant case, respondent’s sister,
employed in Government School, died in harness on 8.12.2010 –
Claiming that the deceased was unmarried and that the mother, two
brothers and two sisters were entirely dependent on her income,
respondent sought appointment on compassionate grounds – Claim
was rejected by the competent authority by Order dated 17/
21.11.2012, on the ground that the amendment made to the
Karnataka Civil Services (Appointment on Compassionate Grounds)
(7th amendment) Rules, 2012 on 20.06.2012, extending the benefit
of compassionate appointment to the unmarried dependant brother
of an unmarried female employee, will not be applicable to the case
of the respondent – Respondent moved the Administrative Tribunal
by way of an application which was allowed on the ground that the
amendment made to the Rules on 20.06.2012 would apply
retrospectively covering the case of the respondent, though his sister
died in harness on 8.12.2010. Writ petition by State was dismissed
– Hence instant appeal – Held: Admittedly, the appointment on
compassionate grounds in the State of Karnataka is governed by a
set of Rules known as Karnataka Civil Services (Appointment on
Compassionate grounds) Rules, 1996, issued in exercise of the
powers conferred by s.3(1) read with s.8 of the Karnataka State
Civil Services Act, 1978 – The Rules as they stood, on the date on
which the sister of the respondent died in harness, did not include
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SUPREME COURT REPORTS
[2021] 12 S.C.R.
an unmarried brother, within the definition of the expression
“dependent of a deceased Government servant” under r.2(1)(a) of
the said Rules vis-a-vis a deceased female unmarried Government
servant – But it was only by way of an amendment proposed under
a draft Notification dated 20.06.2012 which was given effect on
11.07.2012 that an unmarried brother of a deceased female
unmarried Government servant was included within the definition
– There is no dispute about the fact that the sister of the respondent
died as an unmarried female Government servant, but on 8.12.2010,
before the amendment was made to the Rules – Respondent’s
application dismissed.
Interpretation of statutes: There is no principle of statutory
interpretation which permits a decision on the applicability of a
rule, to be based upon an indeterminate or variable factor – A rule
of interpretation which produces different results, depending upon
what the individuals do or do not do, is inconceivable.
Allowing the appeal, the Court
HELD: 1. Every appointment to a post or service must be
made strictly by adhering to the mandate of Articles 14 and 16 of
the Constitution. Appointment on compassionate grounds, is an
exception to the regular mode of recruitment, as it is intended to
provide succor to the family of the deceased Government servant,
which is thrown out of gear both financially and otherwise, due to
the sudden death of the Government servant in harness.
[Para 7][128-H; 129-A-B]
2. Admittedly, the appointment on compassionate grounds
in the State of Karnataka is governed by a set of Rules known as
Karnataka Civil Services (Appointment on Compassionate
grounds) Rules, 1996, issued in exercise of the powers conferred
by Section 3(1) read with Section 8 of the Karnataka State Civil
Services Act, 1978. The Rules as they stood, on the date on which
the sister of the respondent died in harness, did not include an
unmarried brother, within the definition of the expression
“dependant of a deceased Government servant” under Rule
2(1)(a) of the said Rules vis-a-vis a deceased female unmarried
Government servant. But it was only by way of an amendment
proposed under a draft Notification dated 20.06.2012 which was
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given effect under the final Notification bearing No. DPAR 55
SCA 2012, Bangalore dated 11.07.2012 that an unmarried broth

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