Bengaluru, Sep 28: Justice Mohammad Nawaz, Justice K.S. Hemalekha, Karnataka High Court, Kalaburagi Bench to bring clarity, transparency, and procedural fairness into the compassionate appointment process has issued certain directions.
A Writ Petition was preferred by the State before the Kalaburagi Bench, seeking to quash the Order of the Karnataka Administrative Tribunal. A Division Bench comprising Justice Mohammad Nawaz and Justice K.S. Hemalekha issued the following directions – i) Every application for compassionate appointment whether in prescribed format or not must be acknowledged in writing by the authority within 30 days along with clear communication about: a) status of the application (incomplete or complete); b) any defects in format/documentation; c) the rights of other dependants to apply; d) The applicable limitation period. Also Read - Karnataka High Court Upholds NCBC’s Jurisdiction To Monitor Rehabilitation Of Backward Class Villagers Affected By Mining Operations ii) In cases where the applicant is widow, illiterate or otherwise, concerned Departments must take pro-active steps to assist them in filing the application in proper format and guide them regarding the steps to be followed by the other dependants to apply. iii) All the applications must be decided within a maximum period of 90 days from the date of receipt of the application.
If the application is found not maintainable, a reasoned order must be communicated to the applicant immediately. iv) A uniform Standard Operating Procedure and training of officials handling compassionate appointment should be made by the Government to ensure no procedural lapses.
Accordingly, the High Court dismissed the Writ Petition filed by Govt and issued necessary directions in case Title- The State of Karnataka & Anr. v. Mahaboob Patel.
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