LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sitharthan (teacher)     29 April 2024

My sister who obtained the job on compassionate grounds after my father’s death

My sister who obtained the job on compassionate grounds after my father’s death at 1982 , was not taking care of my mother . Then (FROM 2016) as per court advice she started giving Rs.1500 /Per month to my mother  .

My sister who got job on compassionate grounds , is going to retire in the month of may2024 . Is there any rights (to my mother ) to claim her retirement benefits ? to give to my mother for her future maintenance.

Any judgement relevant to the above may  kindly be send to my email  & my Contact :8610three20685


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     29 April 2024

The retirement benefits that your sister would be getting is her own hard earned money.

Shd was appointed on the comnpassionate grounds is an admitted fact but that will not deprive her rights to her own earnings to which she toiled all her life.

No court can deny her rights nor would pass an order directing her to give a share out of terminal benefits to her mother or anyone because she has earned it through her full length of service. 

Don't waste your time on such non maintainable issues. 

1 Like

P. Venu (Advocate)     29 April 2024

Yes, the Mother cannot claim any benefits from the Retirement benefits.

1 Like

Sudhir Kumar, Advocate (Advocate)     05 May 2024

the compassionate job is givenon the udnertaking of maintaining family of the deceased.


Parth Chawla (Lawyer)     16 May 2024


I have analysed your query and would like to answer it. It is moral and legal obligation of children to maintain their parents, caring for elders is seen as a sign of respect and a way to uphold family traditions. Law has made is mandatory for children who can maintain themselves to maintain their parents as well, even married daughter are under this legal obligation. Laws pertaining to this obligation are as follows:

Section 125 of Criminal Procedure Code, 1973 provides that an individual who is able to maintain himself have enough means to provide for the maintenance of his parents and yet if he refuses to do so then, both mother and father can claim maintenance from their children be it son or daughter. Daughter whether married or unmarried would also be liable to maintain the parents as the duty and obligation to maintain parents equally applies to daughters.

Section 127 of Criminal Procedure Code, 1973 provides alteration in allowance, it means change in monthly allowance that is it may decrease or increase according to the change in the conditions of the parties, if with time the condition of the parties have changed then magistrate can order to alter the allowance.

As for your question, it is unlikely for your mother to claim a part of her daughter’s retirement benefits, other than that if it is believed that there is a significant change in the needs of your mother since the initial order has passed like increased medical bill, increase in cost of living or change in the income of person paying the maintenance, an application can be filed under section 127 of criminal procedure code, 1973, stating the reason for seeking modification supported with evidence.

Hope it helps you with your query.


Parth Chawla

Sudhir Kumar, Advocate (Advocate)     19 May 2024

The compassionae appointee had got a job on the unertaking of maitaining family of the deceased fathe.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register