Minor Daughter Of Deceased KSRTC Driver Can Apply For Compassionate Job Within A Year Of Turning 18: Karnataka HC

Late Mohammed Zakariya, a driver employed by the Kalyan Karnataka State Road Transport Corporation (KKRTC), died in service on 1 July 2023, leaving his wife, Petitioner No. 1, and minor daughter, Petitioner No. 2, as dependants.

On 27 January 2025, Petitioner No. 1 sought compassionate appointment for her daughter, stating that she was illiterate and the daughter was a minor.

KKRTC rejected the representation on 18 February 2025, citing the daughter’s minority and the application’s delay.

The petition sought to quash that endorsement and to have the delay condoned.

Clause 5 of the Karnataka State Road Transport Corporation (Appointment on Compassionate Basis) Policy, 2018, requires eligible dependants to apply within one year of the employee’s death.

Where the dependant is a minor, the policy permits the dependant to apply within one year of attaining majority, with the application to be considered for an available post in accordance with the applicable rules and the dependant’s qualifications.

The judgment identified no separate statutory provision or precedent as the basis of its decision.

The Court read Clause 5 as expressly providing a separate application period for a minor dependant: one year from the date the dependant attains majority.

Petitioner No. 2 was a minor when the representation was made, so KKRTC’s reliance on the ordinary filing period and her minority to reject the request reflected an incorrect interpretation of the policy.

The Court therefore set aside the rejection but left the merits of any future application to the Corporation’s consideration under the policy and applicable law.

It granted Petitioner No. 2 liberty to apply within one year after attaining majority and directed KKRTC to consider any such application in accordance with law and pass an order.

The Court did not direct that an appointment be granted; there was no order as to costs.