The Rajasthan High Court heard a writ petition seeking directions to officials of Ajmer Vidhyut Vitran Nigam Limited to ensure that the deceased son’s wife fulfills her obligation to support and care for her late husband’s family.
The Rajasthan High Court directed the Power Department—Ajmer Vidhyut Vitran Nigam Limited—to deduct ₹20,000 monthly from a widow’s salary and deposit it in the account of her deceased husband’s father. The Court observed that after accepting a compassionate appointment, the widow cannot evade her legal and moral responsibilities toward the other dependents of the deceased.
The Court was hearing a writ petition under Article 226 of the Constitution, wherein the petitioner sought directions to the officials of Ajmer Vidhyut Vitran Nigam Limited to ensure that his deceased son’s wife fulfills her duty to support and care for her late husband’s family.
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.”
Factual Background
The petitioner’s son, employed as a Technical Assistant under the respondent department, passed away while in service in 2015. Following his death, the department issued a notice inviting the petitioner to apply for a compassionate appointment under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. The deceased employee’s wife also submitted a separate application for the same. Although the department initially offered the appointment to the petitioner in recognition of his son’s service, he voluntarily recommended that the compassionate appointment be granted to his daughter-in-law instead.
However, following some disputes, the petitioner wrote to the Chairman of the Municipal Board, stating that his daughter-in-law was living with her parents and had cut off ties with him and his family. Subsequently, the Superintending Engineer of AVVNL appointed the widow on compassionate grounds as a Lower Division Clerk.
Feeling aggrieved by the authorities’ inaction and his daughter-in-law’s alleged neglect, the petitioner filed a writ petition seeking directions to deposit half of her salary into his bank account, asserting that she had failed to maintain her late husband’s family despite receiving a compassionate appointment.
Reasoning
Upon examining the case records, the Bench observed that the petitioner and his wife were financially dependent on their deceased son and were left without means of support after his sudden demise. A report from the Chairman of the Municipal Board confirmed that the petitioner had no independent income and was living in severe financial hardship. The report also revealed that just 18 days after her husband’s death, the respondent wife left her matrimonial home to live with her parents, thereby cutting off both physical and emotional ties with her in-laws.
The Bench further noted that, as per the affidavit submitted by the respondent wife, her promise to maintain her in-laws formed a key condition for granting her the compassionate appointment.
The Bench held that the respondent wife’s failure to honor her promise to support her in-laws could not be condoned, nor could she be allowed to enjoy the benefits of compassionate employment while neglecting those whose welfare justified the appointment. Considering the petitioner’s advanced age, health condition, financial dependency on his deceased son, and the moral as well as equitable duty arising from the respondent’s own affidavit, the Court directed the Department to deduct ₹20,000 per month from her salary. This amount, the Court ordered, should be credited directly to the petitioner’s bank account for his maintenance, to continue for his lifetime or until further orders of the competent authority.