LI Network
Published on: 15 September 2023 at 12:43 IST
The Karnataka High Court has made a crucial ruling, dismissing an appeal by a woman who sought a job on compassionate grounds following her brother’s demise. The court held that a sister cannot be considered a member of her brother’s family for the purpose of compassionate appointments.
The intra-court appeal challenged a previous order that rejected the appellant’s plea and denied her request for a job on compassionate grounds following her brother’s passing while in service.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit delivered the judgment. Court concluded that the appellant, being the sister of the deceased, cannot be regarded as a member of the deceased’s family.
The court highlighted that this decision aligns with the rules adopted and followed by the Karnataka Power Transmission Corporation Limited (KPTCL) and the Bangalore Electricity Supply Company Limited (BESCOM), both of which are government-owned entities as defined under relevant company laws.
The court referred to Article 12 of the Indian Constitution, which defines “State” for the purpose of Part III, and cited the Apex Court’s decision in R.D.SHETTY vs. INTERNATIONAL AIRPORT AUTHORITY OF INDIA, AIR 1979 , to support its stance.
The Bench emphasized that appointments on compassionate grounds are exceptions to the general principle of equality in public employment, as enshrined in Articles 14 and 16 of the Constitution.
The court stressed that a sister does not fall within the definition of “family” as per the rules, and, therefore, compassionate appointment provisions should be interpreted strictly. It also noted that the appellant failed to present any evidence to prove her financial dependence on her deceased brother at the time of his passing.
