High Court Ruling on Compassionate Appointments Clarifies Eligibility for Widowed Daughter-in-Law
Compassionate appointment: Widowed daughter-in-law’s eligibility to be determined from govt staff’s date of death, says HC
Hindustan Times
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The Lucknow bench of the Allahabad High Court ruled that a widowed daughter-in-law's eligibility for compassionate appointment is determined by the date of the government employee's death. The court dismissed the appeal of Deepika Tiwari, who married the employee's son after his death, stating she was not a member of the family unit at that time.
- 01The court ruled that eligibility for compassionate appointments is based on the date of death of the government employee.
- 02Deepika Tiwari's appeal was dismissed as she was not part of the family unit at the time of the employee's death.
- 03Sangeeta Bajpai, the deceased employee, passed away on April 23, 2021.
- 04Nikhil Bajpai, the son of Sangeeta, married Deepika on February 15, 2023, and died shortly after on May 13, 2023.
- 05The ruling emphasizes strict adherence to family unit definitions in compassionate appointment regulations.
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The Lucknow bench of the Allahabad High Court delivered a significant ruling on April 24 regarding the eligibility of a 'widowed daughter-in-law' for compassionate appointment. The court determined that such eligibility must be assessed based on the date of the government employee's death, specifically stating that individuals who were not part of the family unit at that time cannot claim eligibility due to subsequent events like marriage or widowhood. The case involved Deepika Tiwari, who married Nikhil Bajpai, the son of deceased government employee Sangeeta Bajpai, two years after her death. Sangeeta passed away on April 23, 2021, and her son’s application for compassionate appointment was rejected on April 10, 2023, due to his status as a pensioner. Deepika applied for compassionate appointment after Nikhil's death on May 13, 2023, but her initial appointment order was revoked. The court upheld the dismissal of her appeal, reinforcing the requirement that eligibility is tied to the family status at the time of the employee's death.
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This ruling clarifies the eligibility criteria for compassionate appointments, which may affect future applicants in similar situations.
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