Compassionate Appointment

 

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 AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5051 of 2014 Smt. Duliya Bai Yadav, aged 38 years, W/o Late Pyare Lal Yad adav av,, R/o R/o Vill Villag age e Gahi Gahira rabh bhed edi, i, Tehsi ehsill Chhu Chhuri riya ya Dist Distri rict ct Rajnandgaon (CG) --- Petitioner  Versus 1. Stat State e of Chha Chhatt ttis isga garh rh,, th thro roug ugh h its its Secr Secret etar ary y, Ge Gene nera rall  Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur  2. Sta State te of Chhatt Chhattisg isgarh arh,, thr throug ough h its Sec Secret retary ary,, Pub Public lic Works Works Department, Mantralaya, Mahanadi Bhawan, Naya Raipur 3. The The Engi Engine neer er-i -inn-Ch Chie ief, f, Pu Publ blic ic Wor orks ks Depa Depart rtme ment nt,, Si Sirp rpur ur Bhawan, Raipur (Chhattisgarh) 4. The The Su Supe peri rint nten endi ding ng En Engi gine neer er,, Pu Publ blic ic Wo Work rks s De Depa part rtme ment nt,, Durg Circle, Durg (C.G.) 5. The Execu xecuttive Engineer, Public Works Department, Rajnandgaon Rajnandgao n Division, D ivision, Rajnandgaon (C.G.)  --- Respondents For Petitioner:

Mr. Rajesh Kumar Kesharwani,

 For State/ State/Res Respon ponden dents: ts:  Advocate. Mr Mr.. Dhe Dheera erajj Kumar Kumar W Wan ankhe khede, de, Government Advocate. Hon’ble Shri Justice Sanjay K. Agrawal Agrawal CAV CA V Order  Or der  18/01/2016 1.  A-1 question that emanates for consideration is whether

the

State

Government

is

justified

in

refusing

compassionate appointment to widowed daughter-in-law

 

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W.P.(S)No.5051/2014 Page 2 of 19

(petitioner herein) of the deceased Government servant on the ground that the policy issued for such appointment impliedly excl clu udes / does not provi vid de for such an appointment to daughter-in-law. 2. The above-stated question arises in the following factual

matrix of the case stated herein-after: herein-after: 3. Smt. Budhiyarin Bai deceased Government servant, who

was Class-IV employee in the Public Works Department died die d in har harne ness ss on 30/06 30/06/20 /201 11. being

widowed

Government

daughter-in-law

servant,

comp co mpa assionate

The pe petit tition ioner er herein herein

made

appointment

of an

as

the

decea ceased

application per

for

Governm rnment

instructions / policy dated 10/06/2003 issued in this behalf by the State Gove verrnment.

She also stated that

deceased’s daughter-Jayanti Bai was already married and is stayin staying g with he herr husband husband..

She also also stated stated that that the

deceased had only son and her husband had already died on

30/09/2006,

therefore,

she

be

con considered

for

appointment on compassionate ground. 4. The compet competen entt au autho thorit rity y by its order order da dated ted 31/ 31/07 07/20 /2012 12

(Annexure-P/1) relying upon clause-3 of the Government in inst stru ruct ctio ions ns / poli policy cy da date ted d 10/0 10/06/ 6/20 2003 03 re reje ject cted ed her her application

holding

that

applica cab ble

Gover vernment

 

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W.P.(S)No.5051/2014 Page 3 of 19

instructions / policy dated 10/06/2003 does not incorporate any an y pr prov ovis isio ion n fo forr co comp mpas assi sion onat ate e appo appoin intm tmen entt to th the e widowed daughter-in-law. 5. Que Questi stion oning ing the leg legal ality ity,, validi validity ty an and d cor correc rectne tness ss of the

order

rejecting

application

to

be

considered

for

appointment on compassionate ground and also seeking declaration that she is eligible and entitled for appointment on compassionate ground, instant writ petition has been filed under Article 226/227 of the Constitution of India. 6. Re Retu turn rn ha has s

Chh Ch hattisgarh

been fil ile ed by the the respo espond nde ents/S ts/Sta tate te of stating

Gove Go vern rnme men nt

inter  

alia 

in inst stru ruct ctiions/ ons/po poli licy cy

tha that

the

dated ted

appl applic icab ablle 10/06 /06/200 /2003 3

espe es peci cial ally ly cl clau ause se-3 -3 show shows s that that th the e pe peti titi tion oner er bein being g daug da ugh hterter-in in-l -law aw

is

not

el elig igib ible le

for for

appo poin intm tme ent

on

compassionate ground. 7. Mr. Rajesh Kumar Kesharwani, learned counsel appearing

on behalf of the petitioner, would submit that the object and scheme for compassionate appointment is to mitigate hard ha rdsh ship ip ca caus used ed to the the fami family ly of empl employ oyee ee dy dyin ing g in harness and the criteria to consi sid der the case for comp co mpa assionate

appointment

should

be

base sed d

on

dependency.. Elaborating his submission, he would further dependency further submit sub mit tha thatt dec deceas eased ed Govern Governmen mentt servan servantt alr alread eady y los lostt

 

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W.P.(S)No.5051/2014 Page 4 of 19

her son and the petitioner was wholly dependent upon the income of the deceased Government servant and after the death dea th of decea deceased sed Govern Governmen mentt ser servan vant/m t/moth otherer-inin-la law w, she is left with no income and exclusion of the present petitioner

(daughter-in-law)

for

con consideration

of

compassionate appointment on the basis of clause 3 of the applicable Government instructions/policy is bad and unsu un sust stai aina nabl ble e in la law w, th ther eref efor ore, e, th the e im impu pugn gned ed or orde derr reje re ject ctin ing g

appl applic icat atio ion n

fo forr

co comp mpas assi sion onat ate e

appo appoin intm tmen entt

deserves to be set aside and the respondents/State be directed to consider the case of petitioner in accordance with law. 8. Mr. Dheeraj Kumar Wankhede, Wankhede, learned counsel appearing

on behalf of the State/respondents, would submit that as perr pe

rele releva vant nt

in inst stru ruct ctio ions ns/p /pol olic icy y

of

th the e

Gove Govern rnme ment nt,,

petitioner being widowed daughter-in-law daughter-in-law is not entitled for compass comp assion ionate ate appoin appointme tment nt as the petiti petitione onerr does does not not have

any

vested

right

to

claim

compassionate

appointment in terms of policy framed by the Government. He would further submit that as per instructions/policy, the petitioner does not come under the definition of family / dependent, therefore, she is not entitled for appointment on compassionate ground.

 

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W.P.(S)No.5051/2014 Page 5 of 19

9. I have heard learned counsel appearing on behalf of the

parties, parti es, considere considered d their their rival rival submission submissions s made herein and

also

gone

through

the

record

with

utmost

circumspection. 10. It is not in dispute that the deceased Government servant

Budhiyarin Bai had already lost her son on 30/09/2006, her daughter was already married and she is not intere int ereste sted d for such compa compassio ssiona nate te app appoin ointme tment nt..

The The

petiti pet itione onerr herein herein being being widow widowed ed da daugh ughter ter-in -in-la -law w of the dece de cea ase sed d havi aving lo lost st her hu husb sba and ha has s cl cla aime imed for for comp co mpa assio ssion nate ap appo poin intm tme ent upon pon the de dea ath of he herr mother-in-law / Government servant, as she is dependent upon up on the the ear arni ning ng of her dec ecea ease sed d moth mothe er-in r-in-l -la aw / Government servant for her maintenance and livelihood. 11. In order to consider the plea raised at the Bar excluding

daugh dau ghter ter-in -in-la -law w fro from m con consid sidera eratio tion n for com compa passi ssiona onate te appointment in the welfare measure adopted by the State Government, it would be appropriate to notice clause 3 of the applicable Government instructions/policy dealing with compassionate appointment issued on 10/06/2013 by the State Government which states as under: -

  3- vuq d Eik fu;q f Dr;kW a&  

¼ 1½ 1 ½ f uunn sZ ’ k f du d u i z d jj.. kkk k s a e s a y kkx x w g k s ax s &

v uq u q d Ei Ei k

f uu; ; q f Dr Dr

f n o xa r

' kkk k l d dhh ;

l so d

ds

 

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W.P.(S)No.5051/2014 Page 6 of 19

ifjok j d s fu Eu fy f[k r ln L;k sa esa ls fd lh ,d dks nh tk,xh] tks iw . kZ r % ml ij vkfJr jgk gk s&   ¼d½ fnoa x r 'kkldh; ls o d dh fo/kok] vFkok   ¼[k½ iq = ] vFkok ¼x½ vfookfgr iq = h ¼nRrd iq = @iq f =;kW a 'kkfey j gs a x s ½  

d ds vLohdkj djus ;k ;ks X ; u gks u s ij gh [k

d k s , o a m ld ld s i ' p pkk r~ r~

x

d k s v uuqq dE dE i k

fu;q f Dr ds fy, fopkj fd;k tk,xkA 12. A careful careful perusal of aforesaid instructions would show that

the policy of the State Government is to extend the benefit of compassionate appointment to the bereaved members of the family of the deceased Government servant as on account of sudden demise of the sole earning member, the famil family y is devoid devoid of mean means s to meet both both the ends. ends. It has further been provided that those member of the family would be entitled for compassionate appointment who is wholly dependent upon the deceased Government servant in which widow has been given preference and thereafter, daug da ught hter er,,

ther therea eaft fter er,,

so son n

and and

th ther erea eaft fter er,,

un unma marr rrie ied d

daughter daug hter including including adopted adopted son and adopted adopted daughter daughter.. Thus, welfare policy of the State Government to consider th the e dep depende enden nt memb membe er of the the bereav reaved ed fami family ly for for compassionate appointment is based on dependency and as such such,, the test test in the the mat matters ters of co comp mpa assio ssion nate appo ap poin intm tmen entt sh shou ould ld be th the e test test of depe depend nden ency cy,, and and

 

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W.P.(S)No.5051/2014 Page 7 of 19

crite cri teri ria a and and yard yardst stic ick k fo forr comp compas assi sion onat ate e appo appoin intm tmen entt should be dependency or lack of dependency.

13. Time and and ag again ain and rep repea eated tedly ly,, The Their ir Lor Lordsh dships ips of the

Supreme Court have highlighted the object and scope of compassionate appointment in its judgments. 14. In the matter of Um Umes esh h Ku Kuma marr Nagp Nagpal al v. Stat State e of

Haryan Har yana a and others others1  The Their ir Lo Lords rdship hips s of the Suprem Supreme e Court have categorically held that the object of granting compassionate appointment is not to give a member of such family a post much less a post for post held by the dece de ceas ased ed and and me mere re deat death h of an empl employ oyee ee in harn harnes ess s does not entitle his family to such source of livelihood. The Th e Go Gove vern rnme ment nt or th the e publ public ic au auth thor orit ity y is re requ quir ired ed to exam ex amin ine e th the e fi fina nanc ncia iall co cond ndit itio ion n of th the e fa fami mily ly of the the deceased and only upon satisfaction that the family will not be able to meet the crisis, a job is to be offered to the eligible eligi ble member member of the family family. Parag Paragraph raph 2 of the repo report rt provides as under: “2. The question relates to the considerations which should guide while giving appointment in public services on compassionate ground. It appears that there has been a good deal of obfuscation on the issue. As a rule, appoin app ointme tments nts in the pub public lic ser servic vices es sho should uld be made strictly on the basis of open invitation of applications applications and merit. No o other ther 1

(1994) 4 SCC 138

 

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mode of appointment nor any other consid con sidera eratio tion n is permi permissi ssible ble.. Nei Neithe therr the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However However,, to this this general rule whi which ch is to be followed strictly in every case, there are some exceptions carve ved d out in the in inte tere rest sts s of just stiice and and to mee meet ce cert rta ain cont co ntin inge genc ncie ies. s. One One such excep excepti tion on is in favo favour ur of th the e de depe pend ndan ants ts of an em empl ploy oyee ee dyin dy ing g in harn harnes ess s an and d le leav avin ing g hi his s fa fami mily ly in penury and without any means of livelihood. In such such case cases, s, ou outt of pure pure hu huma mani nita tari rian an consid con sidera eratio tion n takin taking g into into consid considera eratio tion n the fact that unless some source of livelihood is prov pr ovid ided ed,, th the e fa fami mily ly wo woul uld d not not be ab able le to make both ends meet, a provision is made in the rul rules es to provid provide e gainfu gainfull employ employmen mentt to one of the dependants of the deceased who may be eligi eligibl ble e for such emplo employme yment. nt. The whol wh ole e ob obje ject ct of gran granti ting ng co comp mpas assi sion onat ate e employment is thus to enable the family to tide over over the sudden cri crisis. sis. The ob object ject is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of of livelihood. livelihood. The Go Government vernment or the the public pub lic aut autho horit rity y concer concerned ned has to exa examin mine e the the fina financ ncia iall cond condit itio ion n of th the e fa fami mily ly of th the e deceased, and it is only if it is satisfied, that butt fo bu forr th the e pr prov ovis isio ion n of empl employ oyme ment nt,, th the e family will not be able to meet the crisis that a  job is to be offered to the eligible member of the famil family y. The po posts sts in Class Classes es III and and IV are ar e the the lo lowe west st po post sts s in no nonn-ma manu nual al an and d manual categories and hence they alone can be of offer fered ed on compa compassio ssionat nate e gro ground unds, s, the obje ob ject ct bein being g to re reli liev eve e th the e fa fami mily ly,, of th the e financial destitution and to help it get over the emergency.. The p emergency provision rovision of employment employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discri dis crimin minato atory ry.. The favo favoura urable ble trea treatme tment nt gi give ven n to su such ch depe depend nden entt of th the e dece deceas ased ed

 

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employee in such posts has a rational nexus with the object sought to be achieved, viz., relief against destitution. No other other posts posts are expe xpect cted ed or req requi uire red d to be given ven by the the public authorities for the the pur purpose. pose. It must be reme re memb mbe ered red in thi this co con nne nect ctio ion n tha that as against the destitute family of the deceased there are millions of other families which are equally,, if not more destitute. The excep equally exception tion to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwh ers twhile ile emp employ loymen mentt whi which ch are sud sudden denly ly upturned.” 15. Appointment on compassionate grounds in deviation from

th the e norm normal al rule rule of re recr crui uitm tmen entt wa was s conc concei eive ved d with with th the e obje ob ject ct of prov provid idin ing g imme immedi diat ate e fi fina nanc ncia iall reli relief ef to th the e dependents of a person who dies during his employment. It was intended to be a beneficial measure and not a means of obtaining employment as a matter of course by avoid avo idin ing g th the e rule rules s of recru recruit itme ment nt appl applic icab able le to ot othe hers rs.. (See Fo Food od Co Corp rpor orat atio ion n of In Indi dia a and and ot othe hers rs v. Raja Raja Ram2.) 16. Thus, it is quite vivid that criteria for extending the benefit

of welfare measures by the model employer should be based

on

dependency

as

the

object

of

granting

compassionate appointment is to wipe-out the tears of the dece de ceas ased ed fa fami mily ly on ac acco coun untt of de deat ath h of Go Gove vern rnme ment nt

2

(2010) 15 SCC 366

 

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servant and their inability to maintain themselves and to mitigate the hardship and financial crisis occasioned on account of death death of breadwinner breadwinner of the the family. family. Therefore, the rule providing for category of dependents must take care ca re of al alll the the cate categ gori rie es of fami amily me memb mbe ers of the the deceased Government servant who are and who can be considered dependents dependents of the deceased and marital status should

not

be

made

an

impediment

for

such

a

consideration.. Clause 3 of the instructions simply provides consideration provides th that at th the e pers person on wh whol olly ly depe depend nden entt on th the e dece deceas ased ed Government servant would be only widow of the deceased son and unmarried daughter, it does not take care of all of th the e depe depend nden ents ts and and it al also so excl exclud udes es th the e un unma marr rrie ied d daughter from consideration which has been held to be void and inoperative by this Court in W.P.(S) No.296/2014 (Smt. Sarojni Bhoi v. State of Chhattisgarh and others) decided on 30-11-2015, being violative of Articles 14 and 15 of the Constitution of India. 17. On marriage, wife becomes integral part of the husband's

mari ma rita tall room room enti entitl tled ed to eq equa uall st stat atus us of hu husb sban and d as a member of the family and, there reffore, a woman man on marria mar riage ge become becomes s a member member of her her mat matrim rimoni onial al fam family ily and an d sh she e has has ri righ ghts ts and and ob obli liga gati tion ons s in the fa fami mily ly..

A

 

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daug da ught hter er-i -inn-la law w

is

co cons nsid ider ered ed,,

trad tradit itio iona nall lly y,

as

Grih Grih

Lakshmi of the family. The basic principles governing the roles of women in Hindu society were set-forth in the laws of Manu. Manu.

This This ancie ancient nt code code has specif specified ied th that at women women

must be honoured and adorned by their fathers, brothers, husb hu sban ands ds an and d br brot othe hers rs-i -inn-la law w who who desi desire red d th thei eirr ow own n wellfare we fare..

Man Manu

Smri mriti st sta ates, tes, “Wh Whe ere wo wome men n are

honoured, there the Gods are pleased. Where they are not honour hon oured, ed, no sacred sacred rite yields yields reward rewards.” s.”

Th The e concept concept

that daughter-in-law must come back and stay with her parents after death of husband is unknown to our civilized soci cie ety.

Secti ction 19 of the Hin Hindu Adoptions and

Maintenance Act, 1956 also provides that daughter-in-law shall be entitled to be maintained after the death of her husb hu sban and d by her fathe fatherr-in in-l -law aw..

She She is als also o held held to be

depe de pend nden entt un unde derr Sect Sectio ion n 21 (vii (vii)) of th the e sa said id Act Act an and d Section 22 (1) of the said Act provides that subject to the prov pr ovis isio ions ns of subsub-se secti ction on (2 (2), ), th the e heir heirs s of a dece deceas ased ed Hind Hi ndu u are are boun bound d to ma main inta tain in th the e depe depend nden ents ts of th the e deceased out of the estate inherited by them from the deceased dece ased..

Ther Therefore efore,, exclusion exclusion of daughter-indaughter-in-law law,, that

too widowed daughter-in-law daughter-in-law from the fray of consideration based on compassion without taking into account the fact

 

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th tha at wheth hethe er sh she e is depe depen nden dent upon the the decea ceased sed Gove Go vern rnme ment nt serv servan antt by th the e Go Gove vern rnme ment nt as a mo mode dell employer and committed for the welfare of all the citizens of the State, in the considered opinion of this Court, is not only onl y con consti stitut tution ionall ally y imperm impermissi issible ble in law, law, but but is al also so a clearly retrograde consideration on the part of the State Government. The welfare welfare p policy olicy of the State State Govern Government ment must mu st exte xtend to all the the depe depen nden dents of the the de dece cea ase sed d Gove Go vern rnme ment nt se serv rvan ant, t, it ca cann nnot ot be said said th that at only only son, son, daughter or unmarried unmarried daughter daughter is dependent. dependent. In a given situ situat atio ion, n, li like ke in th the e pr pres esen entt case case,, th the e peti petiti tion oner er had had already lost her husband before the death of her motherin-law and was wholly dependent upon the earnings of her mother-in-law who also succumbed to death on 30-6-2011 and on account of exclusion from the policy, she is unable to get compassionate appointment by the State and its authorities. 18. Defining the role and responsibility of a welfare State, in a

recent

decision

of

Lala

Ram

(Dead)

by

Legal

Repr Re pres esen enta tati tive ve and and othe others rs v. Un Unio ion n of In Indi dia a an and d another 3, Their Lordships of the Supreme Court have held that welfare State must serve larger public interest and further held as under: 3

(2015) 5 SCC 813

 

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“9. A welf “9. welfar are e St Stat ate e deno denote tes s a conc concep eptt of Government, in which the State plays a key role in the protection and promotion of the economic and social well being of all of its ci cittizen zens, which may incl clu ude equitable distribution of wealth and equal opportunities and public responsibilities for all those, who are unable to avail for themselves, minimal prov pr ovis isio ions ns for for a de dece cent nt life life.. It re refe fers rs to “great “gr eatest est good good of gre greate atest st num number ber and the benefi ben efitt of all and the the happine happiness ss of all”. all”. It is important that public weal be the commitment of th the e St Stat ate, e, wh wher ere e th the e Stat State e is a we welf lfar are e State. A welfare Sta State te is under under an obligation to prep repare plan ans s and devi vise se bene enefi fici cia al schemes for the good of the common people. Thus, the fundamental feature of a welfare State is social insurance. ...” 19. This Court in the matter of Anil Ambwani v. Smt. Vimla

Bai (decea (deceased sed)) throug through h L.Rs. L.Rs.4,  whi while le con consid sideri ering ng the question as to whether widowed daughter-in-law would be cove co vere red d unde underr Sect Sectio ion n 23-A 23-A(b (b)) of the the Chha Chhatt ttis isga garh rh  Accommodation Control Act, 1961 held that widowed daug da ught hter er-i -inn-la law w

wo woul uld d

be

co cove vere red d

by

abov abovee-st stat ated ed

provision and observed as under:“22. When the principles concerning interpretation of word thus stood elaborated and an d defin fined by the Hig igh h Co Cour urts ts and and the the English Courts as quoted (supra), this Court wou wo uld pose a quest uestio ion n as to wh whe ethe ther by appl ap plyi ying ng th the e pr proc oces ess s of in inte terp rpre reta tati tion on,, a widowed daughter-in-law can be held to be included within the term “major son” without doin do ing g any any viole violenc nce e to th the e prov provis isio ion n or th the e cont co ntex extt in wh whic ich h th the e prov provis isio ion n has has been been engraf eng rafted ted in the the legisl legislati ation. on. The ques questio tion n creeps 4

in

 2012 (1) C.G.L.J. 471

as

to

whether

there

is

an

 

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W.P.(S)No.5051/2014 Page 14 of 19

independent existence of a widowed daughter-in-law. daughter-i n-law. To put it differently, whether duri du ring ng li life fe time time of th the e majo majorr so son, n, hi his s wife wife would have any independent existence so as to be conferred a benefit of Section 23-A(b) of the the Act Act.. Ob Obvi viou ousl sly y when when the need need of a majo ma jorr son son is proj projec ecte ted, d, hi his s fami family ly woul would d includ inc lude e daught daughterer-inin-law law and when when the said said majo ma jorr son son le leav aves es fo forr he heav aven enly ly ab abod ode, e, th this is vacuum is filled by widow daughter-in-law in the family. family. Thus, to conclude, in the absence absence of major son and after his death, the widow i.e. widowed daughter-in-law in the present case, would be covered under Section 23 A(b) of the Act, as she fills in the vacuum and takes the position of a major son in the family in his absence.” 20. Th The e Alla Allaha haba bad d High High Co Cour urtt in th the e matt matter er of U.P U.P.. Power

Corporation Ltd. v. Smt. Urmila Devi in in Special  Special Appeal No.1026/2003 decided on 27/01/2011 27/01/2011 has clearly held that daughter-in-law

has

rightly

to

be

considered

for

appointment on compassionate ground and observed as under:“We must, however, note one feature of the defini defi niti tion on of th the e wo word rd ‘f ‘fam amil ily’ y’ as gene genera rall lly y contai con tained ned in most most Rule Rules. s. The defin definiti ition on of ‘f ‘fam amil ily’ y’ in incl clud udes es wife wife or husb husban and, d, so sons ns,, unmarried and widowed daughters, and if the dece de ceas ased ed was was an unma unmarr rrie ied d Go Gove vern rnme ment nt servan ser vant, t, the brothe brotherr, unm unmarr arried ied sis sister ter and widowed mother dependent on the deceased Govern Gov ernmen mentt servant servant.. It is th there erefor fore, e, clear clear that a widowed daughter in the house of her pare pa ren nts is enti entitl tle ed for for co con nsi side dera rati tion on on compass comp assion ionate ate app appoin ointme tment. nt. How Howeve everr, a widowed daughter-in-law in the house where she is married, is not entitled for compas comp assi sion onat ate e appo appoin intm tmen entt as sh she e is not not included inclu ded in the the definit definition ion of ‘‘famil family’. y’. It is not poss po ssiibl ble e to unde nders rsta tan nd how a wid idow owed ed

 

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daughter in her father’s house has a better right to claim appointment on compassionate basis than a widowed daughter-in-law in her father fat her-in -in-la -law’ w’s s house. house. The very very nature nature o off compassion compa ssionate ate appointme appointment nt is the financial financial need or necessi ssity of the famil mily. The daughter-in-law on the death of her husband does not cease to be a part of the family. The concept that such daughter-in-law must go back and stay with her parents is abho ab horr rren entt to ou ourr civili civilize zed d societ society y. Such Such daught dau ghterer-inin-law law must, must, theref therefore ore,, ha have ve al also so ri righ ghtt to be co cons nsid ider ered ed fo forr co comp mpas assi sion onat ate e appo ap poin intm tmen entt as she she is pa part rt of th the e fa fami mily ly where she is married and if staying with her husb hu sban and’ d’s s fa fami mily ly.. In th this is con conte text xt,, in ou ourr opinion, opin ion, arbitrari arbitrariness, ness, as prese presently ntly exist existing, ing, can be avoided by including the daughter-inlaw in the defi definition nition of of ‘family’. Otherwise, the definition to that extent, prima facie, would be irrational and arbitrary arbitrary.. The State, State, th therefore, erefore, to consider this aspect and take appropriate steps so that a widowed daughter-in-law like a wido widowe wed d da daug ught hter er,, is al also so enti entitl tled ed fo forr cons co nsid ider erat atio ion n by wa way y of co comp mpas assi sion onat ate e appointment, if other criteria is satisfied.” 21. The Rajasthan High Court in the matter of Smt. Pinki v.

State of Rajasthan and Others5 has held that widowed daughter-in-law of the deceased Government servant is entitled for compassionate appointment and observed as under:“16. The question now arise that if the law mak ma king authori ritty was aware about the positi pos ition on of “widow “widowed ed daught daughterer-inin-law law”” then then why wh y in th the e ca cate tego gory ry of depe depend nden ents ts un unde derr Rule 2(c) of the Rules of 1996, she has not been placed in explicit? To resolve th this is knot, a look on the relations expressly referred in the definition definition of dependents is desirable. desirable. The 5

 2012 (1) WLC (Raj.) 431

 

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relati rela tio ons of sp spo ouse, se, son son, ad adop optted son son, unmarried or adopted unmarried daughter in no way can include the relation of “widowed daughter-in-law”, daughter-in-l aw”, however, the term “widowed daughter” appears to be quote wide and that may included “widowed daughter-in-law” for the purpose of these rules. 17. If the 17. the ru rulle make makers rs we were re in inte tend ndin ing g to exclude “widowed daughter-in-law” from the cate ca tego gory ry of depe depend nden ents, ts, th then en th they ey woul would d have ha ve in incl clud ude e “w “wid idow owed ed daug daught hter er”” in th the e cate ca tego gory ry of depe depend nden ents ts,, empl employ oyme ment nt of whom makes appointment on compassionate grou gr ound nds s in inad admi miss ssib ible le un unde derr th the e Ru Rule les s of 1996 19 96,, but it has has not be been en done done.. Me Mean anin ing g th ther ereb eby y, a “w “wid idow owed ed daug daught hter er”” is al also so a “widowed daughter-in-law”, who is supposed to serve serve that he herr the in-laws in-laws an d childre children. n. Thu Thus, s, it appears term and “widowed daughter-inlaw” is part of “widowed daughter”. daughter”. 22. An appreh 22. prehen ensi sion on ma may y be the there that “widowed “wido wed daughter daughter-in-in-law” law” may not supp support ort herr in-l he -la aws fami amily or de dep pend endents ents of the the dece de ceas ased ed go gove vern rnme ment nt se serv rvan ant, t, but but such such apprehension is totall totally y ill-founded. ill-founded. The Rules Rules of 1996 clearly mentions that while making appo ap poin intm tmen entt on co comp mpas assi sion onat ate e grou ground nds s concu con curr rren ence ce of al alll ot othe herr de depe pend nden ents ts of a deceased decea sed governm government ent servant servant is must must.. The Rule 5(b) of the Rules of 1996 also takes all necessary care of such eventualities. eventualities. 23. The upshot of the consideration is that “widowed daughter-in-law” is a dependent of a government servant as defined under Rule 2(c) 2( c) of th the e Rules Rules of 19 1996 96.. As su such ch,, this this petition for writ writ deserve deserves s acceptance. acceptance. Hence, th the e same is allo allowe wed. d. Th The e decis decisio ion n of the respondents for not giving appointment to the petitioner on compassionate grounds as per the Rule Rules s of 1996 1996 is declar declared ed ililleg legal. al. The resp re spon onde dent nts s are are di dire rect cted ed to appo appoin intt th the e petitioner as a Class-IV employee in accordance with the provisions of the Rules of 1996, on or before 14th October, 2011.” 22. Thus, from the aforesaid discussion, it is quite vivid that

 

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the implied exclusion of daughter-in-law from the fray of consideration

by

the

State

Government

without

considering the fact as to whether the daughter-in-law is dependen depe ndentt or not is con constitut stitutiona ionally lly impermissi impermissible ble..

The

Government must provide for consideration of all those persons

who

are

dependents

of

the

deceased

Government servant. 23. As a fallout and consequence of aforesaid discussion, the

writ petition is allowed and consequentially, clause 3 (1) of the poli policy cy relating relating to compassion compassionate ate appo appointm intment ent bein being g constitutionally impermissible to the extent of exclusion of daughter-in-law (widowed), is hereby declared void and in inop oper erat ative ive..

Cl Clau ause se 3 (1 (1)) of the the po poli licy cy be read read as to

includ inc lude e the daugh daughter ter-in -in-la -law w.

Subseq Subseque uentl ntly y, the order order

dated 31-7-2012 (Annexure-P/1) rejecting the petitioner's case for compassionate appointment is hereby quashed. The respondent / State authorities are directed to consider th the e case case of th the e pe peti titi tion oner er af afre resh sh in acco accord rdan ance ce in la law w keeping in mind the law laid down in this behalf and the observ obs ervati ation ons s mad made e herein herein-ab -above ove,, partic particula ularly rly to decid decide e the application expeditiously preferably within a period of 45 da days ys fr from om th the e date date of re rece ceip iptt and/ and/or or prod produc ucti tion on of certified copy of this order, as the petitioner's mother-in-

 

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law i.e. the deceased Government servant, died on 30-62011 and the application was rejected on 31-7-2012.  

Soma 

Sd/(Sanjay K. Agrawal) Judge

 

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HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (S) No.5051 of 2014 Smt. Duliya Bai Yadav Versus State of Chhattisgarh and others

HEAD NOTE Wido Wi dowe wed d daug daught hter er-i -inn-la law w is en enti titl tled ed to be cons consid ider ered ed for for compassionate appointment. appointment.

fo/kok cgq vuq  vuqdEik fu;qfDr fDr gs rq fopkj  fopkj fd;s tkus  tkus dh  dh gdnkj gSA