THE SECRETARY TO GOVT. DEPARTMENT OF EDUCATION v. BHEEMESH ALIAS BHEEMAPPA

an unmarried brother, within the definition of the expression “dependent of a deceased Government servant” under r.2(1)(a) of the said Rules vis-a-vis a deceased female unmarried Government servant – But it was only by way of an amendment proposed under a draft Notification dated 20.06.2012 which was given effect on 11.07.2012 that an unmarried brother of a deceased female unmarried Government servant was included within the definition – There is no dispute about the fact that the sister of the respondent died as an unmarried female Government servant, but on 8.12.2010, before the amendment was made to the Rules – Respondent’s application dismissed. Interpretation of statutes: There is no principle of statutory interpretation which permits a decision on the applicability of a rule, to be based upon an indeterminate or variable factor – A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable. Allowing the appeal, the Court HELD: 1. Every appointment to a post or service must be made strictly by adhering to the mandate of Articles 14 and 16 of the Constitution. Appointment on compassionate grounds, is an exception to the regular mode of recruitment, as it is intended to provide succor to the family of the deceased Government servant, which is thrown out of gear both financially and otherwise, due to the sudden death of the Government servant in harness. [Para 7][128-H; 129-A-B]

#2. Admittedly, the appointment on compassionate grounds in the State of Karnataka is governed by a set of Rules known as Karnataka Civil Services (Appointment on Compassionate grounds) Rules, 1996, issued in exercise of the powers conferred by Section 3(1) read with Section 8 of the Karnataka State Civil Services Act, 1978. The Rules as they stood, on the date on which the sister of the respondent died in harness, did not include an unmarried brother, within the definition of the expression “dependant of a deceased Government servant” under Rule 2(1)(a) of the said Rules vis-a-vis a deceased female unmarried Government servant. But it was only by way of an amendment proposed under a draft Notification dated 20.06.2012 which was THE SECRETARY TO GOVT. DEPARTMENT OF EDUCATION (PRIMARY) v. BHEEMESH ALIAS BHEEMAPPA 125 given effect under the final Notification bearing No. DPAR 55 SCA 2012, Bangalore dated 11.07.2012 that an unmarried brother of a deceased female unmarried Government servant was included within the definition. There is no dispute about the fact that the sister of the respondent died as an unmarried female Government servant, but on 8.12.2010, before the amendment was made to the Rules. [Para 8][129-B-E] State Bank of India vs. Sheo Shankar Tewari (2019) 5 SCC 600 : [2019] 3 SCR 718 – referred to.

#3. It is no doubt true that there are, two lines of decisions rendered by Benches of equal strength. But the apparent conflict between those two lines of decisions, was on account of the difference between an amendment by which an existing benefit was withdrawn or diluted and an amendment by which the existing benefit was enhanced. The interpretation adopted by this Court varied depending upon the nature of the amendment. [Para 12][130-G]