Case at a Glance
After a Technical Helper with Ajmer Vidyut Vitran Nigam died in 2017, his widow obtained a compassionate appointment as LDC on an affidavit undertaking to maintain the other family members. She then left the matrimonial home, stopped supporting her in-laws and remarried. The Rajasthan High Court held that a compassionate appointment is granted to the family as a whole, not to an individual, and directed the employer to deduct 25% of her monthly salary and credit it to her surviving mother-in-law for as long as she lives, and to split the deceased’s terminal benefits equally between the two.
The petitioners’ son, Subhash Chand Verma, worked as a Technical Helper with Ajmer Vidyut Vitran Nigam Ltd. (AVVNL) and died on 24 March 2017. His widow applied for compassionate appointment; the parents gave no objection, and she filed an affidavit undertaking to maintain the other members of the family. She was appointed as a Lower Division Clerk on 30 August 2017.
The parents alleged that after her appointment she left the matrimonial home, stopped maintaining them and remarried; her counsel accepted the remarriage. The father died while the petition was pending, leaving the mother as the surviving petitioner; her two other sons are not employed. AVVNL stated that the deceased’s unpaid salary and privilege leave dues had been paid to the widow, but other terminal benefits were withheld because of the dispute, and that it had no objection to complying with any direction of the Court. The widow argued that she had been mistreated and that the surviving sons could maintain their mother.
The Key Question Before the Court
Can a widow who obtained compassionate appointment on an undertaking to maintain her deceased husband’s family be required to share her salary with her mother-in-law after leaving the family and remarrying?
Appointment for the Family, Not the Individual
Justice Anand Sharma held that the compassionate appointment was granted because the deceased was the family’s sole earner, and its benefit extends to the family as a whole, including the parents. The Court agreed completely with a co-ordinate bench in Bhagwan Singh v. Superintendent Engineer, AVVNL, (2025) 10 RAJ CK 1235, 2025 LiveLaw (Raj) 364, quoting it: “the appointment is not conferred in an individual capacity but as a representative of the entire family.” It also referred to the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 as the framework of the scheme.
The widow had given an undertaking to maintain the family, then left and remarried, which the Court treated as a clear violation of the spirit of the scheme. The Court said it “cannot countenance her breach of the solemn assurance to maintain her in-laws.”
What the Court Actually Held
- A compassionate appointment is granted to a member as representative of the entire family of the deceased employee, including the parents.
- A widow who obtained the appointment on an undertaking to maintain the family cannot abandon that obligation after remarriage.
- AVVNL must deduct 25% of the widow’s regular monthly salary and credit it directly to the mother-in-law’s bank account for as long as she survives; she must furnish bank details within 15 days.
- The deceased’s terminal benefits must be released within 30 days and divided equally between the mother and the widow.
Why This Judgment Matters
- It gives teeth to undertakings routinely filed with compassionate appointment applications.
- Elderly parents of deceased employees, who often consent to the spouse’s appointment, get a direct financial remedy.
- It follows and reinforces the earlier Rajasthan ruling in Bhagwan Singh, building a consistent line of authority.
What Should Advocates Take Away From the Judgment?
For Families of Deceased Employees
- If you gave consent for a family member’s compassionate appointment on an undertaking of support, keep a copy of that undertaking.
- If support stops, you can seek a direction to the employer for a share of the appointee’s salary.
For Counsel
- Rely on Bhagwan Singh v. Superintendent Engineer, AVVNL and this judgment; make the employer a party so the deduction can be ordered directly.
- Seek a separate direction for division of terminal benefits withheld due to family disputes.
Key Takeaways
- Compassionate appointment benefits the whole family, not just the appointee.
- An undertaking to maintain family members is enforceable through the employer.
- 25% of the appointee’s salary was ordered to go to the surviving mother-in-law for life.
- Terminal benefits were split equally between mother and widow.
Frequently Asked Questions
Can a widow who got a compassionate job be made to support her in-laws?
In this case, yes. Because she obtained the appointment on an undertaking to maintain the family and later left and remarried, the Rajasthan High Court directed 25% of her salary to be paid to her mother-in-law.
How long will the deduction continue?
According to the order, the arrangement continues so long as the mother-in-law survives.
What happens to the deceased employee’s terminal benefits?
The Court directed AVVNL to release them within 30 days and divide them equally between the mother and the widow.
Conclusion
Compassionate appointment exists to rescue a family from sudden destitution. The High Court has made it clear that the person who gets the job holds it as the family’s representative, and cannot keep the benefit while abandoning the family that consented to it.
Practical takeaway: Undertakings filed for compassionate appointment are enforceable; where the appointee walks away, the court can order the employer to pay a share of salary directly to dependants.
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