Allahabad High Court Demands Protection of Minor's Rights in Compassionate Appointment Case

Court Criticizes Lapses in Ensuring Welfare of Minor Dependent in Deceased Employee's Family

In a significant ruling, the Allahabad High Court emphasized the need for stringent protection of minor dependents' rights under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974. The judgment, delivered by Justice Manju Rani Chauhan, addressed the lapses in the process of granting a compassionate appointment to the stepmother of a minor dependent, Varsha, following the death of her father, a Nagar Nigam employee.

The petitioner, Varsha, is a minor who lost both her parents and is currently under the guardianship of her maternal uncle. After her father's death in 2023, her stepmother applied for a compassionate appointment without adequately disclosing her responsibilities towards the minor. The court found that the competent authority failed to ensure the minor's welfare and did not obtain an undertaking from the appointee regarding Varsha's maintenance and future security.

The court reiterated that the purpose of compassionate appointments is to provide immediate relief to the deceased employee's family, particularly to prevent the destitution of minor dependents. Citing precedents such as Umesh Kumar Nagpal v. State of Haryana and others, the court highlighted that compassionate appointment is an exception, not a right, meant to address financial distress in the family.

Expressing concern over the authorities' failure to safeguard the petitioner's interests, the court pointed out that only two cheques were issued to Varsha without ensuring her education and future needs. Justice Chauhan emphasized that the lack of verification and assurance from the appointee reflects a serious lapse in statutory duties.

The court ordered the Nagar Ayukt, Nagar Nigam, Prayagraj, to appear on November 13, 2025, to assist in resolving the issue, highlighting the need for corrective measures to protect the rights of minor dependents in similar cases.

Bottom Line:

Compassionate appointment must ensure the maintenance and welfare of all surviving members of the deceased employee's family, especially minors, as per the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974.

Statutory provision(s): Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974

Varsha v. State of Uttar Pradesh, (Allahabad) : Law Finder Doc Id # 2809069