24 Aug, 2022 10:10a.m.

Wife, not sister, entitled for compassionate appointment, rules Allahabad HC


The Allahabad High Court has ruled that if the deceased employee's wife is still alive and has made a claim for her appointment, the sister of the deceased government employee cannot be given a compassionate appointment after the employee passes away.

The sister of the dead employee, petitioner Mohani, had asked the court to instruct the relevant authorities to take her claim for her appointment on compassionate grounds into consideration.

"In the current case, there is no dispute of fact that deceased employee was married and his wife is alive and also claiming appointment on compassionate grounds," Justice Neeraj Tiwari said in dismissing the plea submitted by Mohani. As a result, she is only eligible for an appointment under the rules, and the petitioner's sister cannot receive any relief.

The petitioner's brother had perished in a car accident. His mother had approved the petitioner's appointment after his passing on the basis of compassion. The petitioner had submitted a representation to the authorities in support of her appointment, and a decision was still pending.

The court rejected the petition that was submitted in this case, which asked the authorities to decide on her appointment representation.

The respondent's (wife's) attorney opposed to the petitioner's attorney's assertion and said that the concept of family is given in a hierarchical order under the Rules of 1974 as amended by the Rules of 2021. First rights following an employee's passing go to the employee's husband or wife, second rights go to sons or adopted sons, third rights go to daughters (including adopted daughters), and fourth rights go to unmarried brothers, unmarried sisters, and widowed mothers who were dependent on the deceased employee if the employee was an unmarried government employee.

There was no question in the current case that the dead employee was married, and that after the death of her husband, his wife had likewise filed a claim for an appointment on compassionate grounds. As a result, the petitioner (sister) had no entitlement to an appointment following the death of the deceased employee under the Rules of 1974 as amended by the Rules of 2021. After her husband's passing, the only person who is eligible to be nominated on a compassionate basis is the respondent (wife).

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