Court rules that eligibility for compassionate appointment must exist at the time of the government servant's death.
In a landmark decision, the Allahabad High Court's Division Bench at Lucknow has dismissed the appeal of Smt. Deepika Tiwari, who sought a compassionate appointment as a widowed daughter-in-law of a deceased government employee. The court upheld the earlier judgment of a single judge, emphasizing the requirement that eligibility for compassionate appointment must exist at the time of the government servant's death.
The appellant, Smt. Deepika Tiwari, married the son of the deceased government employee, Smt. Sangeeta Bajpayee, after the latter's death. Her claim for compassionate appointment was based on her status as a widowed daughter-in-law following her husband's demise. However, the court ruled that since she was not a member of the deceased's family at the time of the government servant's death, she could not claim compassionate appointment under Regulation 103 of the U.P. Intermediate Education Act, 1921.
The judgment highlighted the primary purpose of compassionate appointments, which is to provide immediate financial relief to the dependents of the deceased employee. It clarified that such appointments are not a vested right and are intended to alleviate financial hardship, not to serve as a mode of regular employment or reservation for dependents.
The bench, comprising Justices Rajan Roy and Abdhesh Kumar Chaudhary, reiterated that compassionate appointments are not meant for individuals who enter the family after the government employee's death. The court underscored the importance of indigence and dependency at the time of the employee's death as fundamental conditions for such appointments.
Counsel for the appellant argued for a liberal interpretation of the regulations to include widowed daughter-in-laws irrespective of their marital status at the time of death. However, the court maintained that the legislative intent was clear in excluding individuals who were not part of the family unit at the time of the government servant's death.
The court also noted that the family of the deceased did not face immediate financial crisis as the husband of the deceased was drawing a pension, and the appellant's marriage into the family occurred two years after the employee's death. As a result, the appellant's claim was found to lack merit, leading to the dismissal of the appeal.
This decision sets a precedent in interpreting the eligibility criteria for compassionate appointments, emphasizing adherence to the regulations as they stand.
Bottom line:-
A widowed daughter-in-law can claim compassionate appointment under Regulation 103 of the U.P. Intermediate Education Act, 1921, only if she was a member of the deceased government servant's family at the time of the employee's death. Subsequent events, such as marriage into the family or becoming a widow after the employee's death, do not confer eligibility.
Statutory provision(s): U.P. Intermediate Education Act, 1921 - Regulations 103 to 107, Constitution of India - Articles 14 and 16
Smt. Deepika Tiwari v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2889722
