Case Note & Summary
The Supreme Court dismissed appeals challenging the cancellation of compassionate appointments of three appellants—N.C. Santhosh, Sayeda F. Banao, and Sri Santosh—who were appointed under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996. The appellants were minor dependants of deceased government employees. Under the unamended Rule 5, a minor could apply within one year after attaining majority. However, an amendment effective from 1 April 1999 changed the proviso to require that a minor must apply within one year from the date of death of the government servant and must have attained the age of eighteen years on the date of application. The appellants attained majority well beyond one year of their parents' deaths: N.C. Santhosh (father died 25.1.1998, majority 25.6.2000, applied 29.6.2000), Sayeda F. Banao (mother died 24.5.1994, majority 12.5.2000, applied 25.9.2000), and Sri Santosh (father died 11.11.1998, majority 24.3.2001, applied 1.7.2001). Their appointments were later cancelled on the ground of ineligibility under the amended rules. The Karnataka Administrative Tribunal upheld the cancellations, and the High Court dismissed the writ petitions. The Supreme Court held that the amended Rule 5 is mandatory and not merely procedural. The court rejected the argument that Rule 5 is only procedural, noting that the amendment was intended to ensure timely applications and prevent delayed claims. The court also held that the government has the power to rectify illegal appointments, and no vested right arises from an appointment made contrary to the rules. The transitional provision under Rule 9(3) did not apply as the appellants' applications were made after the amendment and did not fall within the saving clause. The appeals were dismissed, affirming the cancellation of appointments.
Headnote
A) Service Law - Compassionate Appointment - Amended Rule 5 of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 - Mandatory Nature - The amendment requires a minor dependant to apply within one year from the date of death of the government servant and to have attained the age of eighteen years on the date of application. The court held that the amended rule is mandatory and not merely procedural, and appointments made in contravention are invalid. (Paras 10-12) B) Service Law - Compassionate Appointment - Cancellation of Illegal Appointment - Government's Power to Rectify - The court held that the government has the power to cancel appointments made erroneously and dehors the rules, even if the appointee served without blemish. No vested right accrues from an illegal appointment. (Paras 13-15) C) Service Law - Compassionate Appointment - Transitional Provision - Rule 9(3) of the Rules - The transitional provision only applies to applications made between 13.09.1996 and the commencement of the 3rd Amendment Rules, 2002, and does not save appointments made after the amendment. The appellants' cases did not fall within the saving clause. (Paras 9, 16)
Issue of Consideration
Whether compassionate appointments made in violation of the amended Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 can be cancelled, and whether the amended rule is mandatory or procedural.
Final Decision
The Supreme Court dismissed all appeals, upholding the cancellation of compassionate appointments of N.C. Santhosh, Sayeda F. Banao, and Sri Santosh. The court held that the amended Rule 5 is mandatory, and appointments made in violation are invalid. The government's power to rectify illegal appointments was affirmed.
Law Points
- Compassionate appointment is an exception to general recruitment rules
- must conform to prescribed rules
- amended Rule 5 of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules
- 1996 is mandatory
- retrospective application of procedural rules does not invalidate cancellation of illegal appointments
- no vested right to compassionate appointment
- government can rectify erroneous appointments.
