Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
The legal stance is that compassionate appointment is aimed at immediate relief for the family, not as a perpetual entitlement, and is not automatically transferable upon the death or inability of the original applicant ["SRI SHIVAYOGI S/O PUTTAPPA ACHIGERI vs THE SENIOR DIVISIONAL MANAGER - Karnataka"], ["Shobha Kumari vs Life Insurance Corporation of India - Patna"], ["Kalpana Wd/O. Vilas Taram vs State Of Maharashtra, Through Its Secretary, Ministry Of Social Welfare - Bombay"].
Analysis and Conclusion:
Summary:A wife who did not join on compassionate grounds can, in certain circumstances, have her right transferred or substituted to her son after he becomes major, especially if she is unable to join due to health issues. However, this is subject to strict legal conditions and is generally considered a substitution rather than a transfer of rights, aligned with the principle that compassionate appointment is a concession, not a right ["SRI SHIVAYOGI S/O PUTTAPPA ACHIGERI vs THE SENIOR DIVISIONAL MANAGER - Karnataka"], ["Gaurav Jaswal vs Directorate Of Ordnance - Central Administrative Tribunal"].
In the realm of government employment in India, compassionate appointments serve as a vital social security net for families left destitute after the sudden death of a breadwinner. But what happens when the eligible spouse declines the offer and seeks to pass it to her son after he attains majority? This burning question—whether a wife who did not join can transfer her right to compassionate appointment to her son after he has turned major—raises critical issues of dependency, statutory limits, and judicial interpretations.
This blog post delves into the legal framework, key precedents, and policy considerations to provide clarity. Note: This is general information based on established laws and cases; it is not personalized legal advice. Consult a qualified lawyer for your specific situation.
Compassionate appointment schemes aim to offer immediate financial relief to the family of a deceased government servant, preventing penury among dependents like the spouse and minor children. As highlighted in judicial rulings, the core objective is to secure the family's livelihood temporarily, not to confer a hereditary property rightMagjiben Vakhatsinh Bodana VS State of Gujarat - 2016 0 Supreme(Guj) 73.
Courts emphasize that these schemes are exceptions to regular recruitment, not vested rights Hemendra Puri VS Jai Narayan Vyas University, Jodhpur (Raj. ) - 2022 0 Supreme(Raj) 1147.
The short answer, drawn from consistent precedents: No, there is no automatic transfer. Compassionate appointment is personal to the eligible dependent at the relevant time and does not extend or bequeath like inheritance.
In Vijaya Ukarda Athor v. State of Maharashtra, even a married daughter lost eligibility post-marriage, underscoring the scheme's focus on acute financial distress RAJA RAM VS STATE OF RAJASTHAN - 2006 0 Supreme(Raj) 1487. Similarly, Mukesh Kumar & Anr. v. Union of India (2022) reinforced non-discrimination but tied benefits to scheme purpose Durgam Mallesh VS Singareni Collieries Company Limited (SCCL) - 2021 0 Supreme(Telangana) 164.
Several high court rulings illustrate rejections of such transfers:- In a Punjab case, after the son turned major and passed exams, the mother requested appointment for him as Kanungo, but courts noted: The first appointment accepted would bring compassion to an end as the purpose stands served. Mere compassion and sympathy is not strong enough a crutch to carry supplicant to the next rung in the ladderTARINDERJEET SINGH Vs STATE OF PUNJAB AND ORS.- Another instance rejected a son's claim post-mother's eligibility: once mother of the petitioner was offered compassionate appointment, her son after becoming major, cannot be appointed on her post, merely because the mother has offered the sameNilesh Kumar Bhojabhai Dabhi VS State of Gujarat - 2017 Supreme(Guj) 1793.- In a Neyveli Lignite Corporation matter, preference between widow and major stepson hinged on who best serves family needs, with courts directing inquiry rather than automatic transfer Arputha Mary VS The Chairman, Neyveli Lignite Corporation - 1990 Supreme(Mad) 797. The ratio: In compassionate appointment cases, the primary consideration is to appoint the person who would provide the needed bread to the familyArputha Mary VS The Chairman, Neyveli Lignite Corporation - 1990 Supreme(Mad) 797.
Even where mothers withdrew applications to favor sons, delays beyond 5 years led to dismissals, as in UP rules cases Sachin Yadav VS State Of U. P. - 2021 Supreme(All) 1111.
Under Articles 14 and 16, policies excluding major children or second-marriage offspring face scrutiny if arbitrary Hemendra Puri VS Jai Narayan Vyas University, Jodhpur (Raj. ) - 2022 0 Supreme(Raj) 1147SADHANA SRIVASTAVA VS STATE OF U. P. - 2015 0 Supreme(All) 320. However, restrictions tied to dependency have a reasonable nexus to the scheme's goal of immediate relief Vijay Ram VS Bccl - 2001 0 Supreme(Jhk) 576.
Children from second marriages are legitimate (Section 16, Hindu Marriage Act) and may claim family pensions, but this doesn't extend to compassionate jobs post-majority Chandra Devi VS State Of Rajasthan - 2022 0 Supreme(Raj) 2312Hemendra Puri VS Jai Narayan Vyas University, Jodhpur (Raj. ) - 2022 0 Supreme(Raj) 1147. Policies must balance equity without indefinite extensions.
Cases show mothers sometimes apply then withdraw for sons:- One petitioner’s mother withdrew after 5 years, requesting son’s appointment—rejected for inordinate delay Sachin Yadav VS State Of U. P. - 2021 Supreme(All) 1111.- In delay scenarios under Dying in Harness Rules, courts stress fair discretion for undue hardship but uphold 5-year limits unless exceptional State of Uttarakhand VS Atul Kumar Saini - 2018 Supreme(UK) 37. The application for employment must be made within five years from the date of the death of the Government servant, as per Rule 5State of Uttarakhand VS Atul Kumar Saini - 2018 Supreme(UK) 37.- Family pension to widows often negates penury claims: In view of payment of family pension in favour of widow, elements of penury is not available so to show any compassionPawan Kumar Masurkar VS State of M. P. - 2024 Supreme(MP) 98.
No post can be reserved for minors attaining majority later; eligibility must align at application time Inspector General of Prisions, Tiruchirapalli District VS P. Marimuthu - 2016 Supreme(Mad) 3565.
Generally, a wife cannot transfer her compassionate appointment rights to her son after he turns major. The scheme's temporary, dependency-based nature, backed by statutes and precedents like V.R. Tripathi, precludes such extensions Hemendra Puri VS Jai Narayan Vyas University, Jodhpur (Raj. ) - 2022 0 Supreme(Raj) 1147. Courts prioritize immediate family relief over deferred claims.
While constitutional principles guard against discrimination, they don't override the scheme's rationale. Families should assess timelines and consult rules specific to the employing authority.
References (select excerpts cited above; full list in original analysis):Magjiben Vakhatsinh Bodana VS State of Gujarat - 2016 0 Supreme(Guj) 73Ashish Saxena S/o late Shri Ashok Saxena VS State Of Rajasthan Through the Chief Engineer, Mahi Bajaj Sagar Project, Banswara - 2017 0 Supreme(Raj) 102RAJA RAM VS STATE OF RAJASTHAN - 2006 0 Supreme(Raj) 1487Y. Razia Bee VS Registrar (Administration), High Court of A. P. , Hyderabad - 2002 0 Supreme(AP) 1103Vijay Ram VS Bccl - 2001 0 Supreme(Jhk) 576Hemendra Puri VS Jai Narayan Vyas University, Jodhpur (Raj. ) - 2022 0 Supreme(Raj) 1147Durgam Mallesh VS Singareni Collieries Company Limited (SCCL) - 2021 0 Supreme(Telangana) 164TARINDERJEET SINGH Vs STATE OF PUNJAB AND ORSNilesh Kumar Bhojabhai Dabhi VS State of Gujarat - 2017 Supreme(Guj) 1793Arputha Mary VS The Chairman, Neyveli Lignite Corporation - 1990 Supreme(Mad) 797Sachin Yadav VS State Of U. P. - 2021 Supreme(All) 1111State of Uttarakhand VS Atul Kumar Saini - 2018 Supreme(UK) 37Pawan Kumar Masurkar VS State of M. P. - 2024 Supreme(MP) 98
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The rules are indicative of the fact that the appointment on compassionate grounds would be considered, of the major son, unmarried daughter, who satisfies the qualification of appointment. Unmarried daughter is not the issue in the case at hand. The major son is the petitioner. ... The issue now is whether the petitioner would be entitled to be considered for appointment on compassionate grounds or otherwise. The right#HL....
When the petitioner turned major and passed B.A Part-I examination, his mother made a request to the Deputy Commissioner, Jalandhar for ex gratia appointment for her son as Kanungo. ... The first appointment accepted would bring compassion to an end as the purpose stands served. Mere compassion and sympathy is not strong enough a crutch to carry supplicant to the next rung in the ladder. ... His father was a Head Constable in Punjab Police....
In view of payment of family pension in favour of widow, elements of penury is not available so to show any compassion while issuing a direction to grant of compassionate appointment. 13. ... This petition is filed seeking compassionate appointment representing petitioner to be the adopted son of late Praveen Kumar Masurkar who was working in Water Resources Department. 2. ... Thus, after clearing the clouds that on the strength of succession certificate, compassionate appointment is #....
The request of the applicant herein is not to transfer appointment to him, but his request is to substitute his candidature in place on his mother, who is not able to join service due to ill health and old age. ... Gaurav Jaswal has attained the age of majority, she may be confirmed whether her son can be given compassionate appointment in her place or whether she needs to initiate case for compassionate appointment#HL_END....
Petitioner is insisting that he has a right to be kept posted at Delhi and unfortunately his wife being a lawyer is not understanding the fact that nobody has a vested right to seek a posting at a particular place. ... The respondents are further willing to transfer the petitioner to a B-1 city where his wife can join him but since the wife is a lawyer at Delhi we can understand her desire to be at Delhi. ... Whether t....
It will not be possible for this Court, however, to ascertain whether the appointment given to the son would meet the need of the family or the appointment given to the widow would serve the need of the family. ... It will also not be possible for this Court to find out whether there was a free consent of the petitioner when the third respondent applied for appointment on compassionate grounds. ... The petitioner applied for appointment#HL_....
right. ... The son of the petitioner did not join the post as offered even thereafter. ... Whether the judgment should be reported in the Digest? ... Once the son of the petitioner was offered an appointment, which he did not accept, the immediate need for 2. To be referred to the Reporters or not?
From the impugned order, it is not clear, as to whether, the petitioner herself and her first daughter who were major at the time of death of the deceased employee, had denied their willingness in absence of any evidence regarding the fact whether they required any appointment having entitled on the ... Under compelling circumstances, the petitioner could not file application for her appointment on compassionate ground and her major daughter was als....
In the same representation, she sought transfer of the benefit in favour of her son. ... The wife (petitioner No. 2) of the deceased made an application on plain paper seeking compassionate appointment of her son (petitioner No.1). 6. ... to whether a case for the grant of compassionate appointment has been made out for consideration.” ... Compassionate appointment is not a source of recruitment, but an exception carved out to addr....
The sole point involved in the present OA is whether the applicant is entitled to get her name replaced for compassionate ground in place of her brother for compassionate appointment, who had been offered engagement but did not join. 9. ... Admittedly, the applicant‟s father died in harness on 31.12.2015, leaving behind his wife, son and daughter. ... The respondents are directed to consider the case of the applicant for appointment on compassionate grounds, on its ow....
He submits that though the mother of the petitioner was entitled to the compassionate appointment, she did not pursue her claim, and on 4.11.2019 she withdrew her application with the request to grant compassionate appointment to her son. Accordingly, he submits that there is an inordinate delay in submitting the application for the compassionate appointment, and the relief claimed can not be allowed at this stage. Thus, he submits that the writ petition is devoid of merit and deserves to be dismissed.
From the conduct of the wife, it appears, she purported to preserve the right to obtain compassionate appointment in favour of her son. We, accordingly, admit the appeal and stay the impugned order until disposal of the appeal. Whether such a case comes within undue hardship contained in proviso to Sub Rule (1) of Rule 5 of the applicable Rules, is the legal question to be decided, which appears to have not been addressed, while the judgment and order under appeal was rendered.
7. Learned A.G.P., Mr. Soni has submitted that once mother of the petitioner was offered compassionate appointment, her son after becoming major, cannot be appointed on her post, merely because the mother has offered the same.
It is also contended that documents pertaining to the petitioner working as an artist and doing translation job on payment of money was also produced before the Court below and the impugned order does not suffer from any irregularity or illegality. She has to look-after herself and her son who has become major who is still dependent on her as he has no source of income.
The said application was rejected on the ground that her son secured only 43 marks and as such, it is not possible to give her son, employment assistance on compassionate grounds. The said order was challenged before the Central Administrative Tribunal, which found that the petitioner's son had secured 43 marks only and as such, her son was rightly denied compassionate appointment. Wife submitted an application for compassionate appointment to her son. 17. In K. Nalini v. The Registrar, Central Administrative Tribunal, an employee died on 26th October 2005, while in service....
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