CAV Order

1. Basic issue involved in both the above writ petitions requiring determination is similar, therefore, they are heard together and are being disposed of by this common order.

2. Above writ petitions arise out of denial of appointment on compassionate ground to married daughters of government employees who died-in-harness, on the ground that they are not eligible in terms of existing policy/scheme for compassionate appointment which came in force after death of the employees. For the sake of convenience, facts are taken from WPS No.7437/2024.

3. Facts of WPS No.7437/2024, in brief, are that father of petitioner, who was working as Branch Manager in respondent Chhattisgarh Rajya Gramin Bank, died in harness on 30.8.2016. After the death of her father, petitioner being a dependent daughter submitted an application through her mother on 28.11.2016 before respondent No.1 for grant of dependent employment. Petitioner’s application for providing dependent appointment remained pending for considerable period and in the meanwhile, petitioner got married on 8.1.2020. Petitioner’s mother again submitted an application seeking compassionate appointment for her elder married daughter. Vide letter dated 09.08.2024, mother of petitioner was informed that there is no provision in the policy dated 16.03.2019 to grant benefit of compassionate appointment to the married daughter, therefore, petitioner, who is a married daughter of deceased employee, cannot be considered for appointment on compassionate ground.

4. Facts of WPS No.2878/2024, in brief, are that father of petitioner, who was working as Office Assistant in respondent Chhattisgarh Rajya Gramin Bank Gervani, District Raigarh, died in harness on 11.1.2015. After the death of her father, as there was no policy for grant of compassionate appointment, petitioner’s mother submitted an application before respondent No.1 for grant of ex-gratia compensation. Respondent bank approved and made applicable the scheme for grant of compassionate appointment w.e.f. 11.2.2019. Subsequently, pursuant to order of the Central Government dated 14.9.2023, respondent No.1 made applicable the scheme for compassionate appointment in respect of those employees also who died in harness before 05 years of date of scheme applicable and also provided six months’ time to such dependent family member to submit application. Petitioner’s mother submitted an application on 20.10.2023 seeking compassionate appointment for her elder daughter. Vide letter dated 09.04.2024, mother of petitioner was informed that there is no provision in the policy to grant benefit of compassionate appointment to the married daughter, therefore, petitioner, who is a married daughter of deceased employee, cannot be considered for appointment on compassionate ground.

5. It is argued on behalf of petitioners that status of a dependent family member of deceased government employee is to be seen at the time of death of the government servant and not at the time of consideration of grant of compassionate appointment or based on subsequent changes like marriage etc. Since at the time of death of father of petitioners herein, they were unmarried and wholly dependent upon father, the respondent Bank ought not to have rejected claim for grant of compassionate appointment to petitioners. It is submitted that marriage of dependent daughter does not extinguish her right to claim dependent employment being dependent daughter of deceased on the date of his death and unmarried at the time of making application.

6. It is further submitted that petitioner’s father had no male issue and had only daughters, therefore, petitioner’s mother has to solely rely on her daughter. Petitioner even after her marriage is residing with her mother to take care of her, which is evident from the affidavit/declaration submitted by petitioner’s mother wherein she has clearly stated that petitioner and her husband are living with them, they are