Compassionate appointment is moral and legal obligation

Rajasthan High Court Upholds Fiduciary Duty in Compassionate Appointments. Widow's Responsibility to Maintain Deceased Husband's Family Enforced; Court Orders Salary Deduction

In a significant ruling, the Rajasthan High Court has reiterated the moral and legal obligations tied to compassionate appointments under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. The case involved a petitioner, Bhagwan Singh, who sought enforcement of maintenance obligations from his daughter-in-law, Smt. Shashi Kumari, who received a compassionate appointment following the death of her husband, Rajesh Kumar, a government employee.

The court was presided over by Justice Farjand Ali, who underscored that compassionate appointments are not rights but welfare measures intended to relieve the immediate financial distress of a deceased employee's family. The case stemmed from the petitioner’s claim that after Shashi Kumari was appointed on compassionate grounds, she abandoned her in-laws and remarried, thereby failing to provide any financial support to them.

Despite Shashi Kumari's submission of an affidavit promising to maintain her in-laws, the court found she failed to fulfill this obligation. The court emphasized that such appointments carry fiduciary responsibilities to support all dependents of the deceased, not just the individual beneficiary. In its judgment, the court directed that a portion of Shashi Kumari's salary be deducted monthly and deposited into the petitioner’s account to ensure his maintenance.

The court's decision highlights the broader implications of compassionate appointments, emphasizing the holistic responsibility towards the deceased's family. By ordering the salary deduction, the court aims to rectify the breach of fiduciary duty and uphold the humanitarian objectives of the compassionate appointment policy.

Bottom Line:

Compassionate appointment granted under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 carries with it moral and legal obligations. The beneficiary of such an appointment must ensure the maintenance and welfare of all dependents of the deceased employee, not just act in individual capacity. Breach of such obligations by the beneficiary cannot be condoned.

Statutory provision(s): Article 226 of the Constitution of India, Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996

Bhagwan Singh v. Suptd Engineer Pawas, Ajmer Vidhut Vitran Nigam Limited, (Rajasthan) : Law Finder Doc Id # 2801164