Summary of this article
Rajasthan HC orders 25 per cent salary for mother-in-law.
Widow had received compassionate appointment after husband’s death.
Court orders equal division of deceased employee’s terminal benefits.
A government job granted on compassionate grounds is meant to provide financial support to a deceased employee’s family after the sudden loss of their earning member. But what happens when the person who gets the appointment later stops supporting other family members?
The Rajasthan High Court has recently dealt with such a case involving a widow who received a job with Ajmer Vidyut Vitran Nigam Limited (AVVNL) after her husband’s death.
Why Did The Rajasthan High Court Order Salary Deduction
The case of Rani, whose husband, Mr Verma, worked with AVVNL and passed away on March 24, 2017.
After his death, the electricity distribution company informed the family that one eligible family member could seek an appointment on compassionate grounds. The family agreed that Rani would take the job.
Her in-laws consented to the arrangement on the understanding that she would support them after receiving the appointment. As part of the process, she also gave an undertaking to look after the other members of her late husband’s family.
After securing the job, however, Rani left the matrimonial home and later married another person. Her mother-in-law, Smt Devi, approached the court after the support promised to the family was not provided.
The Rajasthan High Court considered the undertaking given at the time of appointment while deciding the dispute.
Court Links The Job To The Undertaking Given By Widow
The court has noted that a compassionate appointment is intended to provide financial assistance to the family facing hardship after the death of an employee. Under the applicable rules, the family can include the deceased employee’s parents and other eligible members, apart from the widow.
The court has also considered the fact that Rani had obtained the appointment after agreeing to maintain the family members.
The judgment noted that receiving the benefit of compassionate appointment on that basis created an obligation that could not simply be separated from the appointment later.
The court has considered her departure from the matrimonial home, remarriage and failure to support her in-laws while examining the dispute.
The Final Court Order
The Rajasthan High Court has directed AVVNL to deduct 25 per cent of Rani’s monthly salary and transfer that amount directly to her mother-in-law’s bank account for her lifetime.
The court has also directed that the terminal benefits of the deceased employee be divided equally between the widow and his mother.
The judgement was linked to the purpose of compassionate appointment, with the court considering financial support for the deceased employee’s family as a central part of the arrangement.
