N. C. SANTHOSH v. STATE OF KARNATAKA & Ors.

#4. It is well settled that for all government vacancies equal opportunity should be provided to all aspirants as is mandated under Articles 14 and 16 of the Constitution. However appointment on compassionate ground offered to a dependant of a deceased employee is an exception to the said norms. Compassionate appointment is a concession and not a right and the criteria laid down in the Rules must be satisfied by all aspirant. [Para 14][1186-E-F] A B C D E F G H N. C. SANTHOSH v. STATE OF KARNATAKA & ORS. 1179

#5. It can not be said that the appellants claim should be considered under the unamended provisions of the Rules prevailing on the date of death of the Government employee. The norms, prevailing on the date of consideration of the application, should be the basis for consideration of claim for compassionate appointment. A dependent of a government employee, in the absence of any vested right accruing on the death of the government employee, can only demand consideration of his/her application. He is however disentitled to seek consideration in accordance with the norms as applicable, on the day of death of the government employee. The appellants were ineligible for compassionate appointment when their applications were considered and the unamended provisions of Rule 5 of the Rules will not apply to them. [Paras 18, 20 and 21][1187-F; 1188-B-E] Commissioner of Public Instructions and Others v. K.R. Vishwanath (2005) 7 SCC 206 : [2005] 2 Suppl. SCR 1042 ; Steel Authority of India Limited v. Madhusudan Das & Ors. (2008) 15 SCC 560 : [2008] 14 SCR 824 ; SBI v. Raj Kumar (2010) 11 SCC 661 ; MCB Gramin Bank v. Chakrawarti Singh (2014) 13 SCC 583 : [2013] 10 SCR 1 ; State of Himachal Pradesh & Anr. v. Shashi Kumar (2019) 3 SCC 653 : [2019] 2 SCR 432 – relied on.