Govt Employee's Brother Eligible For Compassionate Appointment If Employee's Spouse Predeceases Him, Without Leaving Children: Karnataka HC

The Karnataka High Court has said that if the spouse of an employee has predeceased the employee and there are no children, the mere marriage of the deceased employee cannot be a ground to reject an application for compassionate appointment to the brother of the deceased.

Justice Suraj Govindaraj held thus while allowing a petition filed by Mantava and Sanganna, mother and brother of deceased employee Veeresh Mantappa Lolasar, an employee working with K.K.R.T.C, Ballari Division.

The court directed the corporation to consider the application of Petitioner No.2 (brother) and appoint him on compassionate grounds to a suitable post as per his qualifications within a period of twelve weeks.

It also clarified that the mother of the deceased employee would be at liberty to move for cancellation of the order in the event petitioner No.2 (her son) was not taking care of her.

The petitioners had argued that there is no dispute of Veeresh Mantappa Lolasar having been married, his wife Sunanda predeceased him on 9.4.2022 without any children and the said Veeresh Mantappa Lolasar was taking care of his mother and brother and as such, appointment on compassionate basis ought to have been provided to his brother, who is also looking after the mother.

The plea was opposed, contending that, as per the policy of the Road Transport Corporation, if the deceased were to be married, compassionate employment cannot be provided for anyone other than the wife and children.

The bench noted that the ambit and purport of appointment on a compassionate basis is to ensure that the family of the deceased employee is taken care of, and the exigencies due to the death ought not to result in a financial burden to the family.

The court said, “The fact remains that the spouse of the deceased employee had predeceased him on 9.4.2022, and they do not have any children who could seek a compassionate appointment. The mother and brother are living together, and after the death of the spouse, the deceased employee was taking care of both his mother and brother."

Following which, it held “In that view of the matter, I am of the opinion that Petitioner No.2, having undertaken to take care of Petitioner No.1, the mother, the application of Petitioner No.2 for appointment on a compassionate basis ought to have been considered by the Respondent in a proper perspective.”

Accordingly, it allowed the petition and quashed the impugned endorsement issued by the corporation.

Appearance: Advocate Ravi Hegde for Petitioner.

Advocate Prakash Hosmani for Respondent.

Citation No: 2025 LiveLaw (Kar) 286

Case Title: Mantavva & ANR AND The Divisional Controller.

Case No: WRIT PETITION NO. 101661 OF 2025

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