Daughter-In-Law Can’t Evade Her Responsibilities Towards Parents Of Deceased Son After Accepting Compassionate Appointment: Rajasthan High Court

The High Court was considering a Writ Petition preferred by the petitioner under Article 226 of the Constitution seeking appropriate directions to the Officials of Ajmer Vidhut Vitran Nigam Limited (respondents) to ensure compliance with the legal and moral obligation of the respondent, who is the wife of the petitioner’s deceased son, to maintain and look after the family members of her husband.

The Single Bench of Justice Farjand Ali held, “Thus, the employment granted to respondent No. 4 cannot be viewed as a personal entitlement earned through merit or competitive process; it is, rather, a consequence of an unfortunate eventuality, intended to protect the deceased employee’s family from deprivation. Having accepted the appointment under such a scheme, respondent No. 4 cannot be permitted to evade or repudiate her attendant responsibilities towards the other dependents of the deceased, for to do so would defeat both the letter and spirit of the compassionate appointment policy.”

Advocate Priyanshu Gopa represented the Petitioner while Advocate Mrigraj Singh Rathore represented the Respondent.

Factual Background

The petitioner’s son was employed as a Technical Assistant under the control of the respondent–Department. The petitioner’s son expired while in service in 2015. Consequent upon his demise, the respondent–Department issued a letter, calling upon the petitioner to submit an application for compassionate appointment in accordance with the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. The respondent- wife of the deceased employee, also submitted an application seeking compassionate appointment.An offer of appointment on compassionate grounds was extended to the petitioner in recognition of the services of the deceased employee. However, the petitioner voluntarily recommended that the said compassionate appointment be conferred upon his daughter-in-law in his place.

However, due to some strain, the petitioner addressed a letter to the Chairman, Municipal Board, stating that the respondent wife was residing with her parents and had severed relations with the petitioner and his family. The Superintending Engineer, AVVNL, appointed the respondent widow on compassionate grounds to the post of Lower Division Clerk. Aggrieved by the inaction of the respondent authorities and by the alleged conduct of the respondent daughter-in-law, the petitioner preferred the writ petition seeking a direction to the respondents to deposit half of the salary of his daughter-in-law in his bank account, as she had failed to fulfil her obligation of maintaining the family of the deceased employee despite securing a compassionate appointment.

Reasoning

On a perusal of the facts of the case, the Bench noted that the petitioner and his wife were both financially dependent upon their late son and were left destitute after his untimely demise. The contemporaneous report submitted by the Chairman, Municipal Board, confirmed that the petitioner had no independent source of livelihood and was surviving in acute financial distress. The said report further established that within merely 18 days of her husband’s death, the respondent wife left her matrimonial home and started residing with her parents, thereby severing her physical and emotional connection with the petitioner and his wife.

Referring to an affidavit submitted by the respondent wife, the Bench noted that the solemn assurance given regarding the maintenance of her in-laws was a material and foundational condition upon which the grant of compassionate appointment was premised.

The Bench was of the view that it could not countenance her breach of the solemn assurance to maintain her in-laws, nor could it permit her to enjoy the fruits of compassionate employment while neglecting those whose welfare formed the basis of such an employment.

Thus, keeping in view the petitioner’s age, his medical condition, his proven dependency upon his deceased son, and the moral as well as equitable obligation of the respondent daughter-in-law flowing from her own affidavit, the Bench directed the Department to ensure deduction of Rs 20,000 per month from the salary of the respondent daughter-in-law.

The Court further ordered that the amount would be credited directly into the bank account of the petitioner towards his maintenance, which would continue till his lifetime or until further orders of the competent authority.

Cause Title: Bhagwan Singh v. Suptd Engineer Pawas (Neutral Citation: 2025:RJ-JD:45818)

Appearance

Petitioner: Advocates Priyanshu Gopa, Shreyansh Ramdev

Respondent: Advocates Mrigraj Singh Rathore, Rajesh Punia, Madan Lal

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