Wife entitled for compassionate appointment, not sister: HC

The Allahabad High court has ruled that after the death of a government employee, his sister cannot be given a compassionate appointment if the wife of the deceased employee is alive and has claimed for her appointment

The Allahabad High court has ruled that after the death of a government employee, his sister cannot be given a compassionate appointment if the wife of the deceased employee is alive and has claimed for her appointment.

Allahabad High Court campus. (HT File)

Petitioner Mohani, the sister of the deceased employee, had sought the court’s direction to the concerned authorities to consider her claim for her appointment on compassionate grounds.

Dismissing the petition filed by Mohani, Justice Neeraj Tiwari observed, “In the present case, there is no dispute of fact that deceased employee was married and his wife is alive and also claiming appointment on compassionate ground. Therefore, under the rules, she is only entitled for appointment and no relief can be granted to petitioner sister.”

The brother of the petitioner had died in a road accident. After his death, his mother had given consent for the appointment of the petitioner on compassionate grounds. The petitioner had filed a representation before authorities for her appointment, which was pending for decision.

The present petition was filed seeking direction to authorities to decide her representation for appointment, which has been declined by the court.

The counsel for the respondent (wife) had objected the claim raised by counsel for the petitioner and submitted that as per Rules, 1974 read with amended Rules 2021, the definition of family is given in order of hierarchy. After death of employee, first right goes to husband or wife, second right goes to sons/ adopted sons, third right goes to daughters (including adopted daughters) and widowed daughter-in-law and fourth right goes to unmarried brothers, unmarried sisters and widowed mother dependent on the deceased government servant, if the deceased government servant was unmarried.

In the present case, there was no dispute that the deceased employee was married and his wife had also raised a claim for appointment on compassionate ground after death of her husband. Therefore, as per Rules, 1974 read with amended Rules 2021, petitioner (sister) had no right of appointment after death of the deceased employee. Only respondent (wife) has the right to be appointed on the compassionate ground after death of her husband.