[09
April 2021] Whereas the draft of the following rules
further to amend the Karnataka Civil Services (Appointment on Compassionate
Grounds) (Amendment) Rules, 1996was published as required by clause (a) of
sub-section (2) of Section 3 read with Section 8 of the Karnataka State Civil
Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 26 SCA
2018 dated: 02.02.2021 in Part IV-A of the Karnataka Gazette Extraordinary
dated: 02.02.2021 inviting objections and suggestions from all persons likely
to be affected thereby within fifteen days from the date of publication of the
draft in the Official Gazette. Whereas, the said Gazette was made available to
the public on 02.02.2021. And whereas the objections and suggestions
received have been considered by the State Government. Now, therefore, in exercise of the powers
conferred by sub-section (1) of Section 3 read with Section 8 of the Karnataka
State Civil Services Act, 1978 (Karnataka Act 14 of 1990), the Government of
Karnataka hereby makes the following rules, namely; (1)
These
rules may be called the Karnataka Civil Services (Appointment on Compassionate
Grounds) (Amendment) Rules, 2021. (2)
They
shall come into force from the date of their final publication in the Official
Gazette. (1)
In
the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996
(hereinafter referred to as the said rules),inRule 2, in sub-rule (1), (1)??????? for clause (a), the following shall be
substituted,namely:- ?(a) ?dependent of a
deceased Government Servant? means a member of the family of the deceased
Government Servant who was living with and dependent on the deceased Government
Servant and who fulfils the conditions specified in the explanation to sub-rule
(1) of rule 4.? ? (2)
?for clause (b), the following shall be
substituted, namely :- ??(b) ?family? for the purpose of these rules,- (i)
in
the case of the deceased male married Government Servant, his widow,son and
daughter (unmarried/ married/ divorced/ widowed) who were dependent upon him
and were living with him; (ii)
in
the case of the deceased female married Government Servant herson, daughter
(unmarried/ married/ divorced/ widowed) and widower who were dependent upon her
and were living with her; (iii)
in
the case of the deceased male unmarried Government Servant, his brother or
sisterwho were dependent upon him and were living with him; (iv)
in
the case of the deceased female unmarried Government Servant, her brotheror
sister who were dependent upon her and were living with her; and (v)
in
the case of the deceased married Government Servant whose spouse is also no
more and who has minor children, the certified guardian of the minor children
who is living with themand takes care of the minor childrenas per the
provisions of relevant law. In Rule 3 of the said Rules, - (i)
in
sub-rule (2),- (1)
for
clause (i), the following shall be substituted, namely: - ?(i) in the case of the deceased male married
Government Servant, - (a)
the
widow; and (b)
son
or daughterwho is chosen by the widow of the deceased Government Servant, if
the widow is not eligible or for any valid reason she is not willing to accept
the appointment?. (ii) who were dependent on him and were
living with him. Note: In case spouse is pre-deceased then
preference shall be given in the order of age of children. ? (2)
for
clause (ia), the following shall be substituted, namely: - ?(ia) in thecase of the deceased male
unmarried Government Servant, his brother or sister, who is chosen by father
and mother or in case of difference in their opinion, chosen by mother, who
were dependent upon him andwere living with him?. Note: In case parents are pre-deceased then
preference shall be given in the order of age of brother/sister. (3)
for
clause (ii), the following shall be substituted, namely: - ?(ii) in the case of the deceased female
married Government Servant; (a)
son
or daughterwho is chosen by the widower of the deceased Government Servant; and (b)
widower;
if the son or daughter are not eligible or for any valid reason they are not
willing to accept the appointment?. who were dependent on herand were living
withher. Note: In case spouse is pre-deceased then
preference shall be given in the order of age of children. (4)
for
clause (iia), the following shall be substituted, namely: - ?(iia) in thecase of the deceased female
unmarried Government Servant, her brother or sister, who is chosen by father
and mother or in case of difference in their opinion, chosen by mother, who
were dependent upon her andwere living with her?. Note: In case parents are pre-deceased then
preference shall be given in the order of age of brother/sister. (5)
after
clause (iia), the following clause shall be inserted, ?(iii) in the case of deceased married
Government Servant whose spouse is also no more and who has minor children,
certified guardian of the minor children who is living with them and takes care
of the minor childrenas per the provisions of relevant law. (ii)
sub-rule
(3) shall be omitted. Rule 3A of the said Rules shall be omitted. In Rule 4 of the said Rules, - (1)
in
sub-rule (1), after ?explanation? the following proviso shall be inserted,
namely:- ?Provided that, nothing in sub-rule (1),
shall apply to Government Servantsbelonging to Group-C and D.? (2)
after
sub-rule (2),the following proviso shall be inserted, namely: - ?Provided that, the age specified above shall
not apply to widow or widower of the deceased Government servant, who seeks
appointment under these rules. The age limit for these dependents shall not
exceed fiftyfive years at the time of submitting application?. For Rule 5of the said rules, the following
shall be substituted,namely: - ?5. Application for appointment. ? Every dependent of a deceased
GovernmentServant,seeking appointment under these rules shall make an application
within one year from the date of death of the Government Servant, in such form,
as may be notified by the Government, from time to time, to the Head of the
Department under whom the deceased Government Servant was working. Provided that, in case of a minor he must
have attained the age of eighteen years within two years from the date of death
of the Government servant and he must make an application within two years
thereafter.? In Rule 6,of the said rules, after sub-rule
(6), the following shall be inserted,namely: - ?(7)The appointment under these rules shall
be made in accordance with the provisions that are prevailing on the date of
application.?Karnataka
Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021