Family pension, lump-sum pensionary benefits, and interest must be excluded from income assessment for compassionate appointment.

The petitioner’s father, an Assistant Teacher in the Department of School Education and Literacy, died in service on 30 July 2018.

The petitioner sought appointment on compassionate grounds. The authorities rejected his request, concluding that the family income exceeded the limit prescribed under Rule 4(1) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (“1996 Rules”).

The petitioner challenged the rejection before the Karnataka State Administrative Tribunal, which dismissed his application. He then filed this writ petition.

The High Court considered whether pensionary benefits could be included when calculating income under Rule 4(1).

Rule 4(1)(a) of the 1996 Rules requires the exclusion of family pension, lump-sum pensionary benefits, and interest earned on those benefits from the calculation of monthly income.

The Court also referred to Rules 4(1)(b), 5, and 6 as provisions relevant to reconsidering the petitioner’s eligibility.

In addressing the Tribunal’s approach to the 2021 amendment to Rule 2, the Court relied on the cited decision in Smt. Savitha R. v. State of Karnataka and Others and its discussion of Secretary to Government, Department of Education (Primary) v. Bheemesh alias Bheemappa, distinguishing amendments made by substitution from amendments made by insertion.

The endorsement showed that the authorities had taken pensionary benefits into account in determining that the petitioner’s income exceeded the prescribed limit.

Rule 4(1)(a), however, expressly excludes family pension, lump-sum pensionary benefits, and interest earned on them from that calculation. The authorities therefore applied the income test incorrectly, and the Tribunal failed to correct that error.

The Court also found the Tribunal’s treatment of the 2021 amendment inconsistent with the cited coordinate-Bench decision.

It directed the respondents to reconsider the petitioner’s application for compassionate appointment in accordance with law and Rule 4 of the 1996 Rules.