Back
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Sindhu Sharma, J.
Yasmeena Begum - Appellant
Vs.
Deputy Commissioner & Anr. - Respondent
WP(C) No. 250 of 2021 & CM No. 1281 of 2021
Decided On : 07-02-2022
Compassionate Appointment - Maintenance Obligation - SRO-43 - 2007 (2) JKJ 575, 2018 (14) SCC 655
Fact of the Case:
The petitioner, who was granted compassionate appointment after the death of her husband, was directed to pay 25% of her salary to her deceased husband's mother. The petitioner challenged this order, claiming that she was not liable to maintain the deceased's mother.
Finding of the Court:
The court found that the petitioner, being provided employment on compassionate grounds, was bound to maintain the family members of the deceased, especially his aged mother, who was the only surviving dependent and in need of assistance.
Issues: The main issue was whether the petitioner, who received compassionate appointment, was obligated to maintain the deceased's mother.
Ratio Decidendi: The court relied on the legal principle that compassionate appointment is intended to provide support to the dependents of the deceased employee and that the obligation to maintain other dependents is inherent in the acceptance of employment under SRO-43. The court also referenced a similar case where the duty of the widow, who received compassionate appointment, to maintain the deceased's children was upheld.
Final Decision: The court dismissed the petition, upholding the order for the petitioner to pay 25% of her salary to the deceased's mother.
JUDGEMENT/ORDER :
1. The petitioner was married to one Manzoor Ahmed Sheikh in the year 2002, who was killed by the terrorists in the year 2008. The deceased was survived by his wife-petitioner herein, his father-Mohd. Shahban, mother-Hanifa Begum, brother-Bashir Ahmed and daughter-Sanay. After the unfortunate death of Manzoor Ahmed Sheikh, the family of the deceased approached the respondent No. 1 - Deputy Commissioner, Ramban for grant of compassionate appointment to a member of the family under SRO-43 (Militancy Related Relief).
2. The petitioner submitted a dependent certificate issued by the then ACR Ramban on 05.09.2008 whereunder all the aforesaid members of the family were reflected as legal heirs of the deceased-Manzoor Ahmed Sheikh. The petitioner being educated family member with the consent of the other family members, was given compassionate appointment and appointed as class-IV post created in the Revenue Department in District Ramban vide Government Order No. 585-GAD of 2008 dated 24.04.2008.
3. The father and the younger brother of the deceased died due to natural and accidental death respectively. The petitioner also subsequently remarried to one Farooq Ahmed Katoch of resident of Ramsoo and she alongwith her daughter started residing with him.
4. The mother of the deceased-Manzoor Ahmed Sheikh (respondent No. 2) approached Deputy Commissioner, Ramban, seeking maintenance from the petitioner, who was appointed on compassionate grounds after the death of her son. She has submitted that after the death of her husband and both her sons, she is unable earn her livelihood due to ill health and has no adequate means to look after herself. It was also submitted by her that the petitioner had separated from the family and remarried and is not looking after her despite the fact that respondent No. 2 being mother of deceased Manzoor Ahmed Sheikh was dependent upon her. According to respondent No. 2, the petitioner was given appointment on compassionate grounds only to provide for the needs of the family of Manzoor Ahmed and that including respondent No. 2 and she has no source of income to maintain her, as such, requested for sustenance to be provided to her.
5. The Deputy Commissioner, Ramban vide order dated 27.07.2015 directed that an amount of 25% from the gross salary of the petitioner monthly be deducted and deposited in the account of mother of the deceased i.e., respondent No. 2. Relevant extract of the order reads as under:-
6. The petitioner has assailed the order dated 27.07.2015 in the present petition of deduction of 25% from her monthly gross salary as the same according to her is arbitrary. It is submitted that the petitioner was not liable to maintain respondent No. 2 and otherwise also, respondent No. 2 used to trouble her and she was not having good relation with her. Respondent No. 2 also did not give her due share in the ancestral land. The petitioner has subsequently remarried and now has three more daughters, therefore, it is difficult for her to maintain and educate her four daughters after deductions made in terms of the said order dated 27.07.2015. It is further submitted by her that respondent No. 2, otherwise also, has ample means to maintain herself as she has orchard of 15 Kanals of land and this apart, she also received claim of Rs. 7 lacs in accidental claim petition being legal heir on the death of her son-Bashir Ahmed, therefore, the petitioner urged that the impugned order is arbitrary and illegal and thus, is required to be set aside.
7. The petitioner has questioned the impugned order dated 27.05.2015 after more than 06 y
Compassionate appointment entails an obligation to maintain the dependents of the deceased employee, and this obligation is inherent in the acceptance of employment under SRO-43.
Compassionate appointments confer moral responsibilities, and neglecting dependent obligations undermines the underlying purpose of the appointment.
The compassionate appointment rules in Jammu and Kashmir do not obligate an appointee to financially support other dependents, particularly when those dependents are receiving substantial benefits th....
The denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
Compassionate appointment is an exception to the general rule and can only be granted based on fulfilling the norms laid down by the State's policy and eligibility criteria. No aspirant has a right t....
The eligibility for compassionate appointment requires that the total family income must be less than 60% of the deceased’s last drawn salary, excluding independent family members' incomes.
Compassionate appointment cannot be claimed as a matter of right and is subject to strict scrutiny of various parameters, including the financial position of the family, as per prevailing government ....
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
Married daughters are eligible for compassionate appointment on the death of their father, a government employee, even if they are not deserted or their husbands do not disappear, provided they are f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
