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A Married Daughter Not Dependent On Father’s Income, Is Not Entitled To Compassionate Employment On Father’s Death.

Team SoOLEGAL 19 Oct 2022 2:18pm

A Married Daughter Not Dependent On Father’s Income, Is Not Entitled To Compassionate Employment On Father’s Death.

Background of the case: Mr. Amrittial Sirdar, who was employed as Attendant grade II in the office of Executive Engineer, Sub-station, Bilaspur and posted in Raigur, expired in 2007.

His Son applied for compassionate employment in 2013, who during the pendency of the appointment application also expired in 2015. Thereafter, the present petitioner, who is the married daughter of deceased Amrittial Sirdar, applied for compassionate employment in 2019. The said application for appointment was rejected by the department as being belated. As per the order, application for appointment under policy circular for compassionate appointment should have been made within one year of demise of the employee and since period of limitation is long expired, the appointment cannot be given. Challenging the order, the petitioner who is married daughter of the deceased employee, filed a writ petition before this High Court of Chhattisgarh, Bilaspur – in writ petition no. 759/2020.

 

While dismissing the writ petition, Justice Narender Kumar Vyas, observed that it is pertinent to decide whether the petitioner can be regarded as dependent on father’s income and limitation of filing for compensatory appointment. From the present facts and circumstances, it is not disputed that the father died in 2007 and the first application for compassionate employment was made in 2013 after almost more than 5years, which itself is against the policy and barred by limitation. It was also an undisputed fact that the present application for compassionate employment by the petitioner was also filed delayed by almost 4 years since rejection of his deceased brother’s application in 2015. The court further noted that the petitioner was married in 2005, before the demise of her father in 2007 and hence could not be considered as dependent on father’s income. The court further noted that the very objective of the companionate employment policy and the time limitation of one year provided therein is to ameliorate the condition of family at the relevant time, and in the present case since the same is achieved as the family has already survived a long period of almost 15years since demise of petitioner’s father in 2007, hence there exist no ground to declared the order of rejection of the appointment as impugned. Thus, the court held that a married daughter who was not dependent on father’s income before his demise cannot be given entitlement to compassionate appointment.



Tagged: Married Daughter  
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