GOVERNMENT OF KARNATAKA
KARNATAKA CIVIL SERVICES
(APPOINTMENT ON COMPASSIONATE GROUNDS)
RULES, 1996
(AS ON 31.05.2021)
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS
(SERVICE RULES)
KARNATAKA CIVIL SERVICES (APPOINTMENT ON
COMPASSIONATE GROUNDS) RULES, 1996.
DPAR 100 SCA 95, Dated: 12th September 1996
AMENDMENTS
1. DPAR 11 SCA 97, Dated: 31.03.1999
GTD 01.04.1999
2. DPAR 19 SCA 99, Dated : 24.11.2000
GTD 28.11.2000
3. DPAR 11 SCA 2001, Dated, 28.05.2002
GTD 29.05.2002
4. DPAR 118 SCA 2009, Dated: 28.06.2010
GTD 03.07.2010
5. DPAR 12 SCA 2010, Dated: 27.07.2010
GTD 29.07.2010
6. DPAR 55 SCA 2012, Dated : 11.07.2012
GTD 12.07.2012
7. DPAR 78 SCA 2011, Dated: 13.10.2011
GTD 14.10.2011 (Omitted)
8. DPAR 46 SCA 2012, Dated: 07.08.2014
GTD 04.09.2014 (Omitted)
9. DPAR 26 SCA 2018, Dated: 09.04.2021
GTD 09.04.2021
GOVERNMENT OF KARNATAKA
The Karnataka Civil Services
(Appointment on Compassionate Grounds) Rules, 1996
(As on 31.05.2021)
NOTIFICATION NO. DPAR 100 SCA 95,
Dated 12th September 1996.
Whereas the draft of the Karnataka Civil Services (Appointment on
Compassionate Grounds) Rules 1996 was published as required by clause (a)
of sub section (2) of section 3 read with section 8 of the Karnataka State Civil
Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR
100 SCA 95, dated 23rd March, 1996 in Part IV section 2c(i) of the Karnataka
Gazette Extra-ordinary dated 23rd March 1996 inviting Objections and
suggestions from all persons likely to be affected thereby within thirty days
from the date of the publication of the draft in the Official Gazette.
Whereas, the said Gazette was made available to the public on 23 rd March
1996.
And whereas the objections and suggestions received have been
considered by the State Government.
Now, therefore, in exercise of the powers conferred by sub section (1) of
section 3 read with section 8 of the Karnataka State Civil Services Act, 1978
(Karnataka Act 14 of 1990), the Government of Karnataka hereby makes the
following rules, namely:-
Rules
1. Title and Commencement:-
(1) These rules may be called the Karnataka Civil Services
(Appointment on Compassionate Grounds) Rules, 1996.
(2) They shall come into force from the date of their publication in the
Official Gazette.*
(3) Notwithstanding anything contained in the Karnataka Civil Services
(General Recruitment) Rules, 1977 and rules of recruitment specially made in
respect of any service or post are deemed to have been made under the
Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990). These
rules shall apply in respect of appointment of the dependent of a deceased
Government Servant on Compassionate Grounds.
2. Definitions:-
(1) In these rules, unless the context otherwise requires:-
1
[(a) “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 fulfils the
conditions specified in the explanation to sub-rule (1) of rule 4.]1
1. Substituted by Notification No. DPAR 26 SCA 2018 Dated: 09.04.2021
1
[“(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;
(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.]1
(2) Words and expressions used but not defined shall have the same
meaning assigned to them in the Karnataka Civil Services (General
Recruitment) Rules, 1977.
1. Substituted by Notification No. DPAR 26 SCA 2018, Dated: 09.04.2021
3. Eligibility for appointment:-
(1) Appointment on compassionate grounds under these rules shall not
be claimed as a matter of right and shall not be given as a matter of course.
(2) Appointment under these rules shall be restricted to the dependent
of a deceased Government Servant in the following order of preference,
namely:-
1
[(i) in the case of the deceased male married Government Servant, -
(a) the widow; and
(b) son or daughter who is chosen by the widow of the deceased
Government Servant, if the widow is not eligible or for any
valid reason she is not willing to accept the appointment”.
who were dependent on him and were living with him.
Note: In case spouse is pre-deceased then preference shall be given in the order
of age of children.
“(ia) in the case of the deceased male unmarried Government
Servant, his brother or sister, who is chosen by father and mother
or in case of difference in their opinion, chosen by mother, who
were dependent upon him and were living with him”.
Note: In case parents are pre-deceased then preference shall be given in the
order of age of brother/sister.
“(ii) in the case of the deceased female married Government
Servant ;
(a) son or daughter who is chosen by the widower of the
deceased Government Servant; and
(b) widower; if the son or daughter are not eligible or for any
valid reason they are not willing to accept the appointment”.
who were dependent on her and were living with her.
Note: In case spouse is pre-deceased then preference shall be given in the
order of age of children.]1
1. Substituted vide Notification No: DPAR 26 SCA 2018, Dated: 09.02.2021
1
[(iia) in the case of the deceased female unmarried Government
Servant, her brother or sister, who is chosen by father and mother
or in case of difference in their opinion, chosen by mother, who
were dependent upon her and were living with her.]
Note: In case parents are pre-deceased then preference shall be given in the
order of age of brother/sister.]1
2
[(iii) in the case of deceased married Government Servant whose
spouse is also no more and who has minor children, 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.] 2
(3) 3[xxxxx]3 Omitted
1
[(4) A person against whom at the time of making application a criminal
case is under investigation or trial, on the charge of having committed murder of
the deceased government Servant or for abetting the commission of such offence
shall not be eligible for appointment under these rules.]
3A. 3[xxxxx]3 Omitted
4. Conditions of Appointment:-
Appointment on compassionate grounds under these rules shall be subject to
the following conditions, namely:-
(1) The family of the deceased Government Servant should be in a financial
crisis or destitution.
Explanation.- (a) Family of a deceased Government Servant shall be
considered to be in financial crisis or destitution if the recurring monthly income of
the family from all sources is less than the total emoluments including Dearness
Allowance, House Rent Allowance and City Compensatory Allowance admissible
at Bangalore on the average of the minimum and the maximum of the scale of pay
of the post of the First Division Assistant, as on the date of making application for
compassionate appointment. For calculating such monthly income, the income
from family pension, lumpsum pensionary benefits and interest earned thereon
shall be excluded.
[Link] vide Notification No. DPAR 26 SCA 2018, Dated: 09.04.2021
2. Inserted vide Notification No. DPAR 26 SCA 2018, Dated: 09.04.2021
[Link] vide notification No. DPAR 26 SCA 2018, Dated: 09.04.2021.
(b) Recurring monthly income from all sources other than family
pension, lumpsum pensionary benefits and the interest earned thereon, of the
family for the purpose of this rule shall be computed by the Head of the
Office or the Head of the Department or the appointing authority;
(i) on the basis of the last annual property return filed by the deceased
Government Servant and if, for any reason, it is not available, on the basis
of a certificate of income issued by a Revenue Officer not below the rank of
Tahsildar; and
(ii) in case any member of the family of the deceased Government
Servant is employed in any State or Central Government Service or a public
or private sector undertaking or a private establishment, on the basis of a
certificate issued by his employer and in case such member is self employed
on the basis of certificate issued by a revenue officer not below the rank of
Tahsildar.
1
[Provided that, nothing in sub-rule (1), shall apply to Government Servants
belonging to Group-C and D]1
(2) Person seeking appointment shall be within the age limit specified
for the post in the relevant rules of recruitment specially made in respect of
any service or post read with sub rule (3) of rule 6 of the Karnataka Civil
Services (General Recruitment) Rules, 1977 and where it is not so
specified such person shall be within the age limits specified in the
Karnataka Civil Services (General Recruitment) Rules, 1977.
1
[ Provided that, the age specified above shall not apply to widow or widower
of the deceased Government servant, who seeks appointment under these rules. The
age limit for these dependents shall not exceed fifty five years at the time of
submitting application.]1
[Link] Vide Notification No. DPAR 26 SCA 2018, Dated: 09.04.2021
(3) Person seeking appointment should possess the minimum
qualification specified for the post in the relevant rules of recruitment
specially made in respect of any service or post.
1
[Provided that nothing in this sub rule and sub rule (5) of rule 5 of
the Karnataka Civil Services (General Recruitment) Rules, 1977 in so far as
it relates to educational qualification, shall apply to appointment under these
rules to any Group ‘D’ Post.]1
2
[(4) Appointment shall be confined to any post in Group “C” or
Group “D” depending upon the qualification specified for the post but
excluding the posts carrying the pay scales higher than the scale of pay of
the post of Assistant in the Karnataka Government Secretariat as may be
revised from time to time and any other post in either of the groups as may
be specified by the Government from time to time”.] 2
(5) Appointment shall be made only against a direct recruitment
vacancy.
3
[(xxxxxxxxxxx).]3
(6) Appointment shall be made in the department in which the
deceased Government Servant was working;
Provided that if no vacancy is available in that department subject to
any general order that may be issued by the Government appointment may
be made in any other department of the Government where the vacancy is
available.
1. Substituted vide Notification No. DPAR 11 SCA 97, Dated: 31.03.1999
2. Substituted vide Notification No. DPAR 19 SCA 99, Dated: 24.11.2000
3. Omitted vide Notification No. DPAR 11 SCA 97, Dated: 31.03.1999
1
[5. Application for appointment:-
Every dependent of a deceased Government Servant, seeking appointment
under these rules shall make an application within one year from the date of
death of the Government Servant, in such form, as may be notified by the
Government, from time to time, to the Head of the Department under whom
the deceased Government Servant was working.
Provided that, in case of a minor he must have attained the age of
eighteen years within two years from the date of death of the Government
servant and he must make an application within two years thereafter.]
6. Appointment by the Competent Authority:-
(1) On receipt of the application under rule 5, the Head of the Department,
if satisfied that the applicant fulfills all the conditions specified under these
rules, shall appoint, where he is the appointing authority, and if not direct the
appropriate appointing authority to issue the order of appointment.
(2) The appointment under sub-rule (1) shall be made as far as possible
within a period of three months from the date of receipt of the application under
rule 5.
(3) Consultation with the Finance Department shall not be necessary for
appointment under these rules.
(4) Appointment once made under these rules shall be final and no fresh
appointment to a different post or higher post under these rules shall be
permissible.
(5) The appointment under these rules shall not be made in the case of the
dependent of a deceased person who at the time of death was on re-employment
or was employed as Local Candidate, Stipendiary Graduate or Daily Wage
Worker or employed in any work charged establishment or on casual
employment. 1[or whole time or part-time employees paid out of contingencies.]
1. Substituted vide Notification No. DPAR 26 SCA 2018, Dated: 09.04.2021
1
[Provided that applications pending on the date of commencement of the
Karnataka Civil Services (Appointment on Compassionate Grounds) (Second
Amendment) Rules, 2010 shall be disposed in accordance with the provisions as
existed before the commencement of this said amendment rules.]1
2
[(6) No candidate shall be appointed to a Group “C” post under these rules
unless he passes the Kannada Language Test prescribed under the Karnataka
Civil Services (Recruitment) (Kannada Language Test) Rules, 1984 except
those who are exempted under the said rules.]2
4
[(7) The appointment under these rules shall be made in accordance with the
provisions that are prevailing on the date of application.]4
7. Seniority:-
The Seniority of the persons appointed under these rules shall be determined
from the date of their reporting to duty.
8. Application of other rules:-
All other rules regulating the conditions of service of Government Servants
which are made or deemed to have been made under the Karnataka State Civil
Services Act, 1978 (Karnataka Act 14 of 1990) in so far as they are not
inconsistent with the provisions of these rules shall be applicable to the persons
appointed under these rules.
9. Transitional Provision:-
(1) All applications for appointment on compassionate ground made prior
to the twentieth October, 1994 and the applications made on or after that date
but before the date of commencement of these rules and which are pending on
the date of commencement of these rules shall be 2[deemed to have been made
within the period specified in rule 5 and shall be considered for appointment
subject to other provisions of these rules.]2
1. Inserted by Notification No. DPAR 12 SCA 2010 Dated: 27.07.2010 GTD 29.07.2010
2. Inserted by Notification No. DPAR 118 SCA 2009 Dated 28.06.2010 GTD 03.07.2010
3. Substituted by Notification No. DPAR 11 SCA 97 Dated 31.03.1999
4. Inserted by Notification No. DPAR 26 SCA 2018, Dated: 09.04.2021
1
[(1A) where any application made under sub rule (1) is rejected on the
ground that it is not made within the period specified in rule 5, it shall be
reconsidered for appointment subject to other provisions of these rules.]
2
[(2) Where an application could not be made for any reason between the
twentieth day of October 1994 and the date of the commencement of the
Karnataka Civil Services (Appointment on Compassionate Grounds) Rules,
1998, by a dependent of the deceased Government Servant who died after the
twentieth day of October, 1989, the dependent of such deceased Government
Servant may make an application within a period of one year from the date of
such commencement and such application shall be deemed to have been made
within the period specified in rule 5 and shall be considered for appointment
subject to other provisions of these rules:
Provided that this sub rule shall not be applicable in the case of a
widower.]
3
[Provided further that the widowed daughter of the deceased Government
Servant may make an application within one year from the date of
commencement of the Karnataka Civil Services (Appointment on
Compassionate Grounds) (Second Amendment) Rules, 2000 and such
application shall be deemed to have been made within the period specified in
rule 5 and shall be considered for appointment subject to the other provisions of
these rules.]
4
[(3) All applications for appointment on compassionate grounds made
between the thirteenth day of September 1996 and the date of Commencement
of the Karnataka Civil Services (Appointment on Compassionate Grounds)
(Third Amendment) Rules, 2002 by the dependents of the Government Servants
who died on or after twentieth October 1989 (other than the applications made
by such dependents after the first day of April, 1999 and till the date of such
commencement in contravention of the first proviso to rule 5) which are-
(i) rejected on the ground that they were not made within the period
specified in rule 5, or
(ii) pending on such date of commencement, shall be deemed to have been
made within the period specified under rule 5 and shall be reconsidered or as the
case may be considered for appointment subject to other provisions of these
rules.]
1. Inserted by Notification No. DPAR 11 SCA 97 Dated 31.03.1999
2. Substituted by Notification NO. DPAR 11 SCA 97 Dated 31.03.1999
3. Inserted by Notification No. DPAR 19 SCA 99 Dated 24.11.2000
4. Inserted by Notification No. DPAR 11 SCA 2001 Dated 28.05.2002
By Order and in the name of the
Governor of Karnataka
([Link])
Under Secretary to Government -1
Department of Personnel and
Administrative Reforms
(Service Rules)