STATE OF KARNATAKA vs SMT KOMALA M S

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HC-KAR
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WP No. 17012 of 2024
CNR: KAHC010360392024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 17012 OF 2024 (S-KSAT)
BETWEEN:
1. STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
DR B R AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE POLICE COMMISSIONER
BANGALORE CITY,
NO.1, INFANTRY ROAD,
BENGALURU - 560 001.
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
3. DEPUTY POLICE COMMISSIONER
OFFICE OF THE POLICE COMMISSIONER,
BANGALORE CITY,
EAST TRAFFIC DIVISION,
BENGALURU - 560 038.
…PETITIONERS
(BY SRI. S.C. DESHMUKH, AGA)
AND:
SMT. KOMALA M. S.,
AGED ABOUT 25 YEARS,
W/O. LATE LAKSHMISHA S.,
R/AT KARIKALLU DODDI,

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BIDADI HOBLI,
RAMANAGAR DISTRICT - 562109.
…RESPONDENT
(BY SRI. MARUTHI S., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 23/08/2023 IN APPLICATION NO.592/2023
PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL AT ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
(PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard learned AGA Sri.S.C.Deshmukh, who
represents the petitioners as well as Sri. Maruti learned
counsel for the respondent.
2. Being aggrieved by the direction issued to the
petitioners to consider the case of respondent/applicant for
appointment on compassionate grounds, the State is
before this Court through this Writ Petition challenging the

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WP No. 17012 of 2024
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order that is passed by the Karnataka State Administrative
Tribunal at Bangalore in Application No.592/2023 dated
23.08.2023.
3. The facts of the case in brief as could be
perceived from the material available on the record are
that one Sri.Shivanna.M.C was appointed to the post of
Civil Police Constable. He was promoted to the post of
Head Constable and further promoted as Assistant Sub
Inspector of Police. While he was working at K.R.Puram
Traffic Police Station, he died on 16.03.2020 thus while in
service. The deceased Shivanna.M.C left behind him his
wife and son Sri.Lakshmisha.S. Sri.Lakshmisha.S
submitted an application on 15.01.2021 seeking
appointment under compassionate grounds. Considering
his application, he was called to attend Physical Endurance
Test to ascertain his eligibility for the post of Civil Police
Constable/Armed Police Constable. However, he died on
28.04.2021. On that, the wife of Sri.Shivanna.M.C i.e.,
Smt.Sarojamma submitted a representation on

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01.09.2021 seeking appointment of her daughter-in-law
Smt.Komala.M.S i.e., the respondent herein on
compassionate grounds in the light of the death of her
son.
4. The Office of the Deputy Commissioner,
Bangalore City, issued an endorsement dated 31.07.2022
stating that daughter-in-law of the deceased employee is
not eligible for employment under compassionate grounds.
Aggrieved by the same, the daughter-in-law i.e., the
respondent herein filed an application before the
Karnataka State Administrative Tribunal, Bangalore, vide
Application No.592/2023 seeking the Tribunal to quash the
impugned endorsement dated 31.07.2022 and
consequently to direct the State to appoint her under
compassionate grounds to the suitable post.
5. On hearing both sides, the Karnataka State
Administrative Tribunal, Bangalore passed orders on
23.08.2023 allowing the application. The operative portion
of the order reads as under:

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"7. Accordingly, the application is allowed and the
impugned endorsement bearing No.6/Sibbandi-
5/Sam.Pu/2022 dated 31.07.2022 passed by the 3rd
respondent and produced vide Annexure-A12 is hereby
set aside.
The matter is remitted back to the respondent-
Government to consider the case of the applicant
herein for appointment on compassionate grounds, if
she is otherwise entitled and not to reject it on the
ground that she is "widowed daughter-in-law" of the
deceased Government employee. The respondent
Government has to comply the order of this Tribunal
within a period of four months from the date of receipt
of a copy of this order."
6. Aggrieved by the direction thus given, the State
is before this Court.
7. Learned AGA, arguing the matter, submits that
the Karnataka Civil Services (Appointment on
Compassionate Grounds) Rules, 1996 deals with the
circumstances under which the dependants of the
deceased Government Servant can be provided with
employment under compassionate grounds. Daughter-in-
law does not fall within the purview of the definition
"family" as provided under Rule 2 of the aforementioned
Rules and therefore, there is no possibility of providing

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appointment on compassionate grounds to the daughter-
in-law. Without considering the same, the Tribunal passed
an order directing the State to provide appointment to the
daughter-in-law on compassionate grounds and therefore,
this writ petition is filed. Learned AGA thereby seeks to
allow the writ petition.
8. Per contra, learned counsel for respondent
submits that a daughter-in-law by severing all her ties
with her parental home, enters matrimonial home to lead
life with her in-laws, husband and children and thereby
she becomes a member of the family. Learned counsel
states that in the instant case, the father-in-law of the
respondent died and therefore, the husband of the
respondent was entitled to get employment on
compassionate grounds but while his application was
pending, he also died and thus, the respondent became a
destitute and it is her obligation to look after her mother-
in-law who is none other than the wife of the deceased
employee and thus, the Administrative Tribunal has rightly

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directed the State to consider the case of the respondent
and to provide employment and therefore, this writ
petition is not maintainable.
9. Learned counsel also submits that the High
Court of Rajasthan as well as the High Court of Allahabad
have taken a view that the widowed daughter-in-law is
entitled to get employment on compassionate grounds on
death of her father-in-law and taking note of those
decisions, the Tribunal has rightly directed the State to
provide employment to the respondent herein. Learned
counsel during the course of his submission referred to the
decision of the High Court of Allahabad in the case
between U P Power Corporation Ltd and Urmila Devi
reported in LAWS(ALL) 2011-1-52. He also referred to the
decision of the High Court of Rajasthan in S.B. Civil Writ
Petition No.9177/2010 between Smt.Pinki and State of
Rajasthan and others.
10. In reply to that submission, learned AGA placed
before us the decision of the Co-ordinate Bench of this

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Court which is reported in 2024 SCC OnLine KAR 81
between Priyanka Halamani and State of Karnataka, Rural
Drinking Water and Sanitation Department and others,
wherein discussing about the doctrine of reading down,
the Co-ordinate Bench of this Court at para 6 of the
Judgment expressed its view as under:
" 6. The submission of the Learned Counsel
for the petitioner that the Court should invoke
the doctrine of reading down and thereby and
daugther-in-law to the definition of family for
the purpose of staking claim for
compassionate appointment, does not merit
acceptance and reasons for this are not for to
seek. Ordinarily this doctrine is invoked to trim
the contours of law which otherwise suffers
from the vice of over Inclusiveness or such
other infirmity and therefore is falling foul of a
higher legal norm such as the parent statute,
the constitution, etc. The Courts do not readily
resort to this doctrine in the absence of
challenge to the legal provision on some
constitutional/statutory grounds. Admittedly,
there is no challenge to the definition clause
which gives the meaning of family for the
purpose of extant Rules. No Rule or Ruling nor
opiniojuris is cited at the Bar to support the
preposition that by the process of reading
down, the scope of an instrument of law can
be expanded."

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11. The Karnataka Civil Services (Appointment on
Compassionate Grounds) Rules, 1996 is the law which
governs the Rules of recruitment in respect of any service
or post deemed to have been made under the Karnataka
State Civil Services Act, 1978 in respect of appointment of
the dependant of a deceased Government Servant or a
Government Servant retired on medical grounds on
compassionate grounds. As per Rule 2A, the dependent of
a deceased Government Servant means a member of the
family of the deceased Government Servant who was
living with and dependent on the deceased Government
Servant and who fulfills the conditions specified in the
explanation to sub Rule 1 of Rule 4. Rule 2(b) defines the
word "family" for the purpose of those Rules. Rule 2(b)
reads as under:
"(b) "family" for the purpose of these rules,-
(i) in the case of the deceased male married
Government Servant, his widow, son and daughter
(unmarried/married/divorced/widowed) who were
dependent upon him and were living with him;

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(ii) in the case of the deceased female married
Government Servant her son, daughter
(unmarried/married/divorced/widowed) and widower
who were dependent upon her and were living with
her;
(iii) in the case of the deceased male unmarried
Government Servant, his brother or sister who were
dependent upon him and were living with him;
(iv) in the case of the deceased female unmarried
Government Servant, her brother or sister who were
dependent upon her and were living with her; and
(v) in the case of the deceased married Government
Servant whose spouse is also no more and who has
minor children, the certified guardian of the minor
children who is living with them and takes care of the
minor children as per the provisions of relevant law."
12. The aforementioned Rule nowhere mentions
that the daughter-in-law of a deceased Government
Servant is required to be considered to be the dependent
of the deceased. No doubt, as rightly contented by learned
counsel for the respondent, a daughter-in-law on marriage
severes her status and enters her matrimonial home to
lead life with her in-laws and her husband. Thus, on the
death of bread winner of the family i.e., father-in-law, she

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will be equally affected. However, the Karnataka Civil
Services (Appointment on Compassionate Grounds) Rules,
1996 does not indicate that the daughter-in-law is
required to be considered to be the dependent of the
deceased Government Servant. In the definition of the
family, she is not included. This is not a case where
relevant Rules are silent or ambiguous. When the
legislature, after due deliberations, has included certain
members of the family to be the dependents of the
deceased and has not included the daughter-in-law, we
cannot pass an order to include the daughter-in-law to be
the dependent of the deceased. We are not inclined to go
beyond the statute. However, the case on hand clearly
goes to show that on death of her father-in-law and her
husband who was entitled to get appointment on
compassionate grounds, the respondent/daughter-in-law is
left with no option except to seek an appointment to look
after herself as well as her mother-in-law, who in all cases

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can be termed to be the dependent of the deceased
Government servant.
13. As in the matter of Public Policy, the Lawmaker
is required to be involved, with wisdom and exercising
restraint to pass a positive order confirming the decision of
the Tribunal which is under challenge, we intend to direct
the State Government to look into the issue and take a
decision of inclusion of 'daughter-in-law' within the
definition "family" as provided under Section 2(b) of the
Karnataka Civil Services (Appointment on Compassionate
Grounds) Rules, 1996. Thus, the writ petition is disposed
of with the following:
ORDER
i. The order that is rendered by the Karnataka
State Administrative Tribunal, Bangalore in
Application No.592/2023 dated 23.08.2023, is
modified.
ii. Petitioner No.1/State of Karnataka is directed to
look into the issue of inclusion of 'daughter-in-

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law' within the definition "family" under Section
2(b) of the Karnataka Civil Services
(Appointment on Compassionate Grounds)
Rules, 1996.
iii. In case a decision is taken to include 'daughter-
in-law' under the definition "family" and
implemented, petitioner No.1 thereafter to
consider the case of the respondent herein and
to pass appropriate orders providing
employment on compassionate grounds subject
to respondent complying/meeting all other
eligibility criteria as provided under the Rules.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 10