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After the sudden demise of an employee while in government service, a provision of ‘Compassionate Appointment’ has been made to save his dependent family from starvation and severe financial crisis. But in recent times, many such cases have come to light where the wife of a deceased employee got a government job on compassionate grounds, but later got married for the second time, leaving her elderly in-laws destitute and broke ties with her in-laws. In such a situation, a serious legal and social question arises whether in such a situation the elderly mother-in-law has the legal right to get financial assistance from the daughter-in-law’s salary or the deceased son’s pension fund? Recently, the Rajasthan High Court has completely clarified the position of the law by giving a historic and very strict verdict on one such dispute.
While hearing a popular case related to Rajasthan’s Ajmer Vidyut Vitran Nigam Limited (AVVNL), the Rajasthan High Court has given a clear order that 25 percent of the amount should be deducted from the monthly salary of the employee’s widow and deposited directly into the bank account of her elderly mother-in-law.
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Background of the case: An employee working in the Electricity Corporation died suddenly during his service period. After this, with the written consent of the family and in-laws, the deceased’s wife was given a job on compassionate grounds.
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Controversy after getting the job: Some time after getting the job, the woman left her in-laws’ house, started living separately and got married for the second time. The elderly parents of the late son fell into financial crisis and loneliness, after which the elderly mother-in-law had to approach the High Court for justice.
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Court’s clear stand: The court directed the employing department to make a mandatory deduction of 25% from the daughter-in-law’s monthly salary and give it directly to the mother-in-law, so that her maintenance can be ensured.
The court in its judgment outlined in detail the basic objective and philosophy of compassionate appointment. The Court bluntly said that compassionate appointment is not a personal fiefdom of an individual or a mere personal benefit of the widow.
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Legal definition of ‘family’: Under the applicable service rules, the concept of ‘family’ is not limited to the wife only but equally includes her aged parents dependent on the deceased employee.
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Basic objectives of the scheme: This scheme was created so that the entire family, destitute due to the untimely death of the earning member, can escape financial ruin. If the employed member abandons the other vulnerable dependents of the family as soon as he assumes office, it is a direct betrayal of the basic spirit of this welfare policy.
In the decision, the High Court made the legal affidavit (Affidavit/Undertaking) the biggest basis, which is submitted during the process of compassionate appointment.
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When other members of the family (such as parents or other siblings) give a ‘No Objection Certificate’ (NOC) in favor of one member, the candidate gives a formal undertaking that he will provide full care and financial maintenance to all the legal dependents of the deceased after getting a job.
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The court remarked that when the woman availed government service on the basis of this promise and undertaking, she cannot later shirk that legal and moral responsibility. That affidavit does not become ineffective by marrying someone else or leaving the in-laws house.
Along with fixing the monthly maintenance at 25 percent of the salary, the High Court also gave a big order regarding the service related dues (Terminal Benefits) of the deceased employee. The court directed that the PF, gratuity and other fund benefits of the deceased employee should not be given only to the wife, but 50 per cent of this entire lump sum amount should be allocated equally to the wife and 50 per cent to the mother of the deceased. This re-establishes the principle that under Hindu succession law and service rules, the mother is also a Class-1 legal heir, and after the death of the son, the mother has half the right to his terminal funds.
This decision is not limited to Rajasthan only, but various High Courts across the country and the Supreme Court have also reiterated this ruling from time to time. The Calcutta High Court had also earlier ruled that a daughter-in-law who gets compassionate appointment is bound by the promise under which she had taken the responsibility of taking care of her mother-in-law. Additionally, under the ‘Parents and Senior Citizens Maintenance and Welfare Act’, elderly parents-in-law are also entitled to receive monthly maintenance from their son’s property or the dependents who benefit from it. In cases where the daughter-in-law runs away from responsibilities by getting a job, the elderly parents can approach the concerned department, tribunal or High Court and get an order for deduction from the salary directly.