8/3/2019 Married Daughter May Be Eligible for Compassionate Appointment

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Married daughter may be eligible for

compassionate appointmentBy :ambrishon 11 August 2011 Print this

Normally, the wife, son or unmarried daughter are considered for compassionateappointment 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

Honble 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. Thename 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 moreeligible 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 Honble court has given reasoning that Department has erred intheir 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 marriagewould not change he standing for compassionate appointment.

Court has said in this judgment that The fact that, in the present case, theapplication for appointment of petitioner No. 1 on compassionate ground was

made on 29th July, 2004 is indisputable. That was well within time. At the

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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 theclaim 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 theWait 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

thefamily members of deceased Government employee for being appointed on

compassionate ground, which is intended to meet the immediate financialhardship 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 andthe 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.