SC Allows Remarried Woman To Continue With Her Job Which She Got As Compassionate Appointment [Read Order]

50% of her salary should be paid over to her children for their sustenance, the court said.

The Supreme Court has upheld a Rajasthan High Court order which, instead of terminating the service of remarried lady who got into service under compassionate employment scheme, had directed that 50% of her salary should be paid over to her children for their sustenance.

A bench comprising Justice Madan B Lokur and Justice Deepak Gupta modified the order to the extent that 50% of the salary of the lady should continue to be paid for the children until the last of them attains the age of 25 years, which is the age at which family pension ceases in accordance with the Rules.

The court also said family pension should continue to be paid to the grandfather of the children for the benefit of the children, as per the Rules.

The lady, in the instant case, was given compassionate appointment on the death of her husband. She later remarried and left her children under the care of their maternal grandfather. The high court had directed disbursement of family pension amount in equal share to the children and deduction of 50% gross salary being drawn by the lady and to pay in equal share to the children.

The relevant Rule, with respect to compassionate appointment scheme, stated that the compassionate appointment could be terminated if the widow remarries and will not be entitled to family pension.