Karnataka HC rejects daughter-in-law’s plea for govt job on compassionate grounds

PTI, Sep 11, 2024, 8:25 PM IST

Bengaluru: The Karnataka High Court has dismissed a petition filed by a woman, who sought a job on compassionate grounds in the state’s rural drinking water and sanitation department following her father-in-law’s death.

A division bench comprising Justice Krishna S Dixit and Justice Vijaykumar A Patil upheld the decision of the Karnataka State Administrative Tribunal, which had previously rejected Priyanka Halamani’s application.

The court ruled that the statutory definition of “family” under the relevant laws does not include a daughter-in-law, and it is not within the court’s authority to modify this definition.

The bench stated: “The Legislature has clearly defined the ‘family’ for compassionate appointments, and the daughter-in-law is not included. Courts cannot alter or expand this definition.” Halamani’s counsel argued that Rule 2(b)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, should be interpreted to include the daughter-in-law.

However, the government opposed this, stating that altering the definition would amount to overstepping judicial boundaries, as the rule-makers had deliberately excluded the daughter-in-law.

The court rejected the petitioner’s argument, noting that adding the daughter-in-law to the family definition through legal interpretation was not justifiable.

The court explained that the “reading down” doctrine, which is used to refine laws with over-inclusive elements, did not apply in this case as there was no constitutional or statutory challenge to the law.

The bench emphasised that determining eligibility for compassionate appointments is a matter of public policy, which falls under the Legislature’s jurisdiction.