- 1 - HC-KAR NC: 2025:KHC:24459-DB WP No. 24156 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.24156 OF 2023 (S-KSAT) BETWEEN: SMT MONISHA J P D/O LATE PARASHURAM, W/O ANJANMURTHY, AGED ABOUT 24 YEARS, RESIDENT OF TAMATKALLU VILLAGE, MEDEHALLI POST, KASABA HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 502. …PETITIONER (BY SRI. M.PRAKASHA, ADVOCATE FOR SRI. NAIK N R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001 2. THE DEPUTY COMMISSIONER OF EXCISE DAVANAGERE DISTRICT, DAVANAGERE …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24459-DB WP No. 24156 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 READ WITH UNDER ARTICLE 14 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.2040/2022 DATED 06.12.2022 BY ALLOWING THIS PETITION VIDE ANNEXURE-B; b) TO ISSUE APPROPRIATE DIRECTION, DIRECTING THE RESPONDENT AUTHORITIES TO ISSUE APPOINTMENT IN COMPASSIONATE GROUND OF D GROUP EMPLOYEE UNDER THE CONTROL OF THE RESPONDENT AUTHORITIES, ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioner aggrieved by the order dated 06.12.2022 in Application No.2040/2022 passed by the Karnataka State Administrative Tribunal (for short, 'the Tribunal') is before this Court in this writ petition with further prayer to issue appointment order on compassionate ground to the petitioner. - 3 - HC-KAR NC: 2025:KHC:24459-DB WP No. 24156 of 2023 2. Heard Sri.M.Prakash, learned counsel for Sri.Naik N.R., learned counsel for the petitioner and Sri.B.Ravindranath, learned AGA for respondents. 3. Learned counsel for the petitioner would submit that the father of the petitioner died on 07.01.2016 and at the time of death of her father, she was a minor but she said to have submitted application on 05.04.2016 seeking appointment on compassionate ground. However, the petitioner attained majority on 01.11.2017 but filed application seeking compassionate appointment on 08.09.2021. As the respondents failed to consider the application, petitioner was before the Tribunal in Application No.2040/2022. The Tribunal under impugned order dated 06.12.2022 dismissed the application of the petitioner holding that the application filed by the petitioner is contrary to Rule 5 of KCS (CGA) Rules, 1996. Aggrieved by the same, petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:24459-DB WP No. 24156 of 2023 4. Learned counsel for the petitioner in addition to the grounds urged in the petition submits that the application filed by the petitioner on 05.04.2016 ought to have been considered by the authorities when the petitioner attained majority. Having failed to consider the petitioner’s application, the Tribunal ought to have directed the authorities to consider her application for compassionate appointment with a direction to provide her compassionate appointment of Group 'D' post. In addition, learned counsel for the petitioner would submit that the amendment brought to 1996 Rules on 09.04.2021, ought to have been made applicable to the case of the petitioner and Tribunal ought to have directed the respondents to consider the case of the petitioner. 5. Learned AGA on the other hand would support the order passed by the Tribunal and submits that since the petitioner has not filed application seeking compassionate appointment within the time prescribed under Rule 5 of 1996 Rules, the petitioner would not be entitled for - 5 - HC-KAR NC: 2025:KHC:24459-DB WP No. 24156 of 2023 consideration of her application for compassionate appointment. Further, he submits that the amendment brought on 09.04.2021 would have no application to the petitioner’s case and further submits that based on the amendment, rejected case cannot be reopened. 6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, we are not inclined to interfere with the order passed by the Tribunal. 7. Admittedly, father of the petitioner died on 07.01.2016 and petitioner was minor as on the date of death of her father and she attained majority on 01.11.2017 and filed application seeking compassionate appointment on 08.09.2021. Proviso to Rule 5 of KCS (CGA) Rules, 1996, requires that application for appointment on compassionate ground shall be made within one year from the date of death of the Government servant and as on the said date, the dependent must have attained the age of 18 years. Admittedly, the petitioner - 6 - HC-KAR NC: 2025:KHC:24459-DB WP No. 24156 of 2023 was minor as on the date of death of her father and she attained majority only on 01.11.2017 i.e., more than one year after death of her father. The amendment which is brought into force by notification dated 09.04.2021 much after the rejection of petitioner's case would have no application to the facts of the present case. Moreover, the said amendment is held prospective. Rejected application cannot be reopened based on the amended provision. We don’t find any merit in the writ petition. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 16