AIR 2005 SUPREME COURT 3275 ::2005 AIR SCW 4102 ::2005 LAB. I. C. 3597 ::2005 AIR - Jhar. H. C. R. 2355 ::2005 AIR - Kant. H. C. R. 2395 ::(2005) ILR (Kant) 4879 ::(2005) 107 FacLR 153 ::2005 (7) SCC 206 ::2005 SCC (L&S) 927 ::(2005) 3 LabLJ 850 ::(2005) 7 Scale 12 ::2005 (4) LabLN 71 ::(2006) 2 JCR 59 (SC) ::2005 (5) KantLJ 467 ::2005 (4) SCT 186 ::(2005) 6 SCJ 577 ::2005 (7) SLT 98 ::2005 (6) Supreme 47 ::(2006) 39 AllIndCas 559 (SC) ::2006 (39) AllIndCas 559 ::2005 (8) SRJ 420 ::(2005) 8 JT 33 (SC) ::2005 (8) JT 34

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): Arijit Pasayat, H. K. Sema , JJ

(A) Constitution of India , Art.16— Karnataka Civil Services (Appointment on Compassionate Grounds) Rules (1990) , R.5 Proviso— (as amended in 1999) - @page-SC3276Compassionate appointment - Application by minor dependant - Time limit for filing - 2nd proviso to R. 5 applies only if application is pending at time of commencement of amendment - When application is not so pending, concept of condonation of delay cannot be introduced.W. P. No. 19625 of 2002, D/- 3-6-2002 (Kant), Reversed. The respondent was hardly two months old at the time when his father expired. He attained majority on 20-10-1995. He submitted an application on 2-12-1996 seeking appointment on compassionate grounds. The said application on 11/13-11-1997 was rejected on the ground that the application had not been filed within time i.e. within one year of attaining majority. Another application was filed on 22-4-1998 which was not entertained. Respondent filed another application on 29-11-1999 i.e. after 1999 amendment came into force. The same was rejected on 9-6-2000 by stating that no application was pending on the date when Amendment Rules came into force and, therefore, the Rules as amended had no application to his case. The High Court, however, directed the Govt. to consider respondent for appointment on compassionate ground. Held, the High Court's view is....