Daughter-In-Law Bound By Undertaking Given While Obtaining Compassionate Appointment To Maintain Mother-In-Law: Calcutta High Court

The Calcutta High Court on Thursday observed in a case that the daughter-in-law is bound by the undertaking given while obtaining a compassionate appointment to maintain and extend medical assistance to the mother-in-law.

The Court was adjudicating upon a plea moved by an 80 years old widow (appellant) whose husband had passed away a long time back. Her son Bajadulal Mandal who was working as a Primary School Teacher had also unfortunately passed away on October 14, 2014. Thereafter, the daughter-in-law (respondent no.9) had applied for a compassionate appointment in the school and had also given an undertaking dated July 25, 2016, stating that she will bear the responsibility of maintaining and providing medical assistance to the appellant in the future. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed, 

"Once the respondent no. 9 had obtained the compassionate appointment by giving an undertaking as above to maintain and extend medical assistance to the appellant, then she is bound by that."

During the proceedings, the counsel appearing for the appellant pointed out that the only surviving son of the appellant is unemployed and is not in a position to look after her. He further contended that once the appointment on compassionate ground was obtained by the daughter-in-law by giving an undertaking before the authorities that she will maintain the appellant then at this stage she cannot turn around and ignore the appellant.

In the instant case, the appellant had initially filed a writ petition which was disposed of by order dated September 18, 2017, with liberty to the appellant to file a detailed representation before the District Inspector of Schools and with a direction to the District Inspector of Schools to decide the representation. 

However, the representation of the appellant dated November 14, 2017, was dismissed by the District Inspector of Schools (PE) by order dated December 14, 2017, which led to the appellant filing another writ petition in 2018 wherein the Court had permitted the appellant to file a fresh representation and had directed the appropriate authority to consider the same.

On receiving no response to the representation filed, the appellant approached the Court again however a Single Bench had dismissed the plea by taking the view that the appellant's son aged about 37 years is in a position to look after her. Thereafter, the instant appeal had been filed. 

Taking cognizance of the grievance raised, the Court disposed of the plea by directing, 

"In these circumstances, we dispose of the present appeal granting liberty to the appellant to file an appropriate detailed representation before the respondent no. 6 who will duly consider the grievance of the appellant and pass an appropriate order after giving an opportunity to the appellant and the respondent no. 9 in accordance with law as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order along with the representation."

Case Title: Durgabala Mandal v. The State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 9. 

Click Here To Read/Download Order