Compassionate appointment a welfare measure, relaxation allowed: Allahabad HC

The Allahabad High Court has ruled that since compassionate appointment is a welfare measure, the appointment procedure can be relaxed for an eligible dependent of the deceased. Justice Ajay Bhanot made the ruling while dealing with a dispute between the mother and the wife of a deceased employee, seeking a compassionate appointment. Bhanot allowed the petition of the wife, Naina Gupta, seeking appointment on compassionate grounds. "Eligible candidate for compassionate appointment must give an irrevocable undertaking on affidavit to take care of the financial needs of other dependents of the deceased," the judge said. He said the petitioner had already given an affidavit to support her mother-in-law from her salary. "The amount which respondent no. 5 (mother-in-law) will be entitled to from the petitioner's salary shall be fixed in light of their family status, comparative hardships and long-term commitments. After factoring in these issues, the respondent no 5 is held to be entitled to 20 per cent of the monthly salary of the petitioner on a regular basis. "Family disputes cannot frustrate the claims of an eligible family member to appointment, or deprive other dependents of the deceased of their entitlements to avail monetary benefits from such appointment," read the court order. The court said discord between the parties will lead to the suffering of the kin of the deceased and defeat the purpose of compassionate appointment. The petitioner's husband died while working as a single window operator in UCO Bank in Varanasi. He was survived by a son and his mother. His mother refused to issue a letter, relinquishing rights in favour of his wife, forcing her to go to court. The court disposed of the petition on July 21, making way for the appointment on compassionate grounds for the wife.

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