Normally, the wife, son or unmarried daughter are considered for compassionate appointment on death of a Govt. Employee but question arises can a married daughter be consider for the same purpose?
This situation arose in the case of Aprna Narendr Zambre and others Vs Collector, Sangli and others where a very effective judgment got passed by Hon’ble Bombay High Court dated 1st August 2011. In this case the father of petitioner was a Govt. employee who died during Service in an unfortunate event. The deceased had a living wife and two unmarried daughters. In the year 2004, The one the daughters had applied for the compassionate appointment to the Departmental Head who forwarded the application to District Collector. The name of Unmarried daughter (petitioner No.1) was registered in the waiting list for appointment for any suitable opening. Meanwhile the unmarried daughter ( Petitioner) got married in year 2007 and naturally losses the status of unmarried daughter. Now, in 2009 she got reply from the department that she is no more eligible for the compassionate appointment due to the reason of being married and their department circular says that compassionate appointment can be given to only unmarried daughter.
On this point Hon’ble court has given reasoning that Department has erred in their conclusion on the point of married because applicant was unmarried on the date of application therefore even if she marries later on , the act of marriage would not change he standing for compassionate appointment.
Court has said in this judgment that ““The fact that, in the present case, the application for appointment of petitioner No. 1 on compassionate ground was made on 29th July, 2004 is indisputable. That was well within time. At the relevant time, petitioner No. 1 was unmarried. It is also common ground that the name of petitioner No. 1 was included in the Wait List on 22nd August, 2005. This event is also crucial to determine the eligibility of the incumbent. Even at that time she was unmarried. She got married only on 11th July, 2007. Thus, applying the legal position, the date of application and, at any rate, the date of inclusion of her name in the Wait List ought to be reckoned for considering the claim of petitioner No. 1. As she was “unmarried” on that date, she fulfilled the requirements of clause 3(a) of the Government Resolution. The fortuitous circumstance of her marriage on 11th July, 2007, while her name remained on the Wait List since 2005 on account of non-availability of vacancy against which she could be appointed, cannot be the basis to deny her the concession provided to the family members of deceased Government employee for being appointed on compassionate ground, which is intended to meet the immediate financial hardship suffered by the members of the family due to the sudden demise of the deceased employee”.
Accordingly the reasons for rejection of the application was found unjust and the matter remanded back to authorities for fresh consideration for appointment.
Question lies in mind that death of an employee causes urgent need to his family that at least one on the surviving members get appointment and the financial flow keep going in the family but if the compassionate appointment take 6 long years for then how the surviving member would feel about the Government and the authorities. The authorities should also be more compassionate and sensitive on compassionate appointment application.
Tags :Labour Service Law