Compassionate Appointment Applications Must Be Decided Within 90-Days: Karnataka High Court Issues Directions

The Karnataka High Court has directed authorities concerned to decide applications received for Compassionate Appointment within a maximum period of 90 days, from date of receipt of the application.A division bench of Justice Mohammad Nawaz And Justice K S Hemalekha said, “Compassionate appointment matters being a welfare measure designed to provide immediate financial relief to bereaved families, the State bears a high duty of procedural fairness." In the case at hand, a widow had sought compassionate appointment for one of her four sons but the State's delay in deciding the matter eventually led to denial of relief. Finally, after the State Administrative Tribunal granted relief, the State approached the High Court contending that the claim was time barred."When a timely application is made, especially by an illiterate or a widow, the authorities must act strictly, transparently and assistively. Failure to do so, can deny rightful dependents their opportunity,” the Court remarked.In order to prevent recurrence of such a situation and to bring clarity, transparency and procedural fairness into the compassionate appointment process, the Court 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: Status of the application (incomplete or complete); Any defects in format/documentation; The rights of other dependants to apply; The applicable limitation period.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 dependents 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 (SOP) and training of officials handling compassionate appointments should be made by the Government to ensure no procedural lapses. The State Government shall issue appropriate instructions to all the Heads of Departments to ensure that applications for compassionate appointment are decided within the time frame stated supra, the Court said and directed the State government to provide compassionate appointment to the petitioner-son within 8 weeks.Appearance: AAG Malhara Rao K a/w HCGP Maya T R for Petitioners.Advocate Devaraj Manohar for Respondent. Citation No: 2025 LiveLaw (Kar) 265Case Title: State of Karnataka & ANR AND Mahaboob Patel Case No: WRIT PETITION NO.202187 OF 2023.Click Here To Read/Download Order

Compassionate Appointment Applications Must Be Decided Within 90-Days: Karnataka High Court Issues Directions

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