Court Rejects Claim of Sister Seeking Government Job After Brother's Demise
KARNATAKA: The Karnataka High Court has issued a significant ruling regarding individuals who seek government employment based on compassion as heirs of deceased government employees. In reference to the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules of 1999, the High Court has explicitly stated that the definition of 'family' does not encompass sisters.
Recent reports indicate that the Karnataka High Court has dismissed the appeal of a woman who had sought a compassionate appointment following the demise of her brother. Her brother had tragically lost his life while on duty in 2016. However, the court declined to consider the petitioner as a family member, thus rejecting her plea.
The Division Bench, consisting of Chief Justice Prasanna B Varale and Justice Krishna S. Dixit, ruled that Rule 2(1)(b) clearly specifies that, in the case of a Government servant, heirs of the deceased male include his wife, son, or daughter, provided they are dependents cohabiting with him. Only those individuals will be recognized as family members.
Additionally, the High Court emphasized that no supporting documentation had been presented to establish that the appellant was financially dependent on her deceased brother. Furthermore, there was no evidence to suggest that the deceased's family was undergoing financial hardship, thus failing to substantiate her claim.