Karnataka High Court cautions State government against upgrading compassionate appointees to higher posts in contradiction of norms

The Karnataka High Court has warned the State government against upgrading compassionate appointees to higher positions, despite their educational qualifications exceeding those prescribed for their initial appointments. The court emphasized that such action would disturb administrative discipline and potentially create grievances of unequal treatment under Article 14 of the Constitution.

A Division Bench, consisting of Justices M. Nagaprasanna and Hema Kulkarni, issued these cautions while permitting petitions filed by the Government, challenging a March 2026 order by the Karnataka State Administrative Tribunal. The tribunal had allowed two candidates, Sathish V. Gulla and Sandeepkumar Vinayakarao Kulkarni, to be considered for the position of first division assistants (FDAs) due to their higher qualifications.

Both candidates were initially appointed as second division assistants (SDAs) on compassionate grounds in 2018 after their fathers, who worked as Bandh Peons in the office of the Assistant Director of Land Records, died in service in 2017. The court reviewed the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, specifically Rule 6(4), which states that once an appointment is made under the rules, it is final and no fresh appointment to a different or higher post is permissible.

The court ruled that while higher qualifications may confer eligibility, they do not create an entitlement to a particular post under the compassionate appointment scheme. The bench observed that compassionate appointment is not a perpetual entitlement, nor does it perpetuate illegality through negative equality. The court also noted that if the State erroneously conferred a benefit not sanctioned by the governing scheme, it could not be transformed into a legally enforceable right for another individual.