Compassionate Appointment | Daughter-In-Law Supposed To Be Treated Like Daughter In India, Integral Part Of Family: Allahabad High Court

The Allahabad High Court has granted compassionate appointment to daughter-in-law as the son of the deceased was suffering from 75% disability. The Court held that daughter-in-law is an integral part of the family and is supposed to be treated like a daughter.

The bench comprising of Justice Vivek Kumar Birla and Justice Donadi Ramesh held,

“As per the custom of Indian Society, daughter-in-law is also supposed to be treated as a daughter as she is also an integral part of the family. The main purpose of extending the benefit of compassionate appointment to the dependents of a deceased government servant is to relieve the family from distress and destitution on account of death of sole bread earner of the family.”

Petitioner's husband had met with an accident in 2019 in which he suffered grave injuries resulting in locomotor disability up to 75% and was declared 75% permanently disabled. In 2022, petitioner's mother-in-law died in harness while working as a Class IV employee. At the time of her death, the deceased was the sole bread earner of the family and was taking care of the entire family.

After her death, petitioner moved an application seeking compassionate appointment. However, her application was rejected on grounds that daughter-in-law was not included in 'family' under Rule 2(c) of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

The definition of 'family' in Rule 2(c) includes wife or husband, sons and adopted sons, daughters (including adopted daughters) and widowed daughters- in-law, unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried.

Rule 5 of the Dying in Harness Rules provided that one member of the family who is not already employed under the Central Government or State Government or a Corporation owned or controlled by the Central Government or State Government, on making an application in suitable manner in the Government Service in relaxation of the normal recruitment rules, if such person fulfills the educational qualification.

Counsel for petitioner argued that on combined reading of Rule 2(c) and Rule 5, the petitioner was not appointed as daughter-in-law is not included in the definition of 'family' eligible for compassionate appointment.

Placing reliance on the full bench decision of the Allahabad High Court in U.P. Power Corporation, Urban Electricity Transmission Division-II, Allahabad vs. Urmila Devi, counsel for petitioner argued that it was arbitrary that widowed daughter in her parents house was eligible for compassionate appointment but widowed daughter-in-law in her in-laws house was not eligible for the same. It was argued that the daughter-in-law's application for compassionate appointment cannot be rejected merely because she was not included in 'family' under the Rules when was living with her husband who was had permanent disability of 75%.

The Court held that Rule 2(c) of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 must be construed liberally in exceptional circumstances where the son of the deceased employee is 75% disabled and cannot earn a living.

Accordingly, the Court directed the respondents to reconsider the application of the petitioner for compassionate appointment.

Case Title: Vibha Tiwari v. State Of U.P. And 2 Others [WRIT - A No. - 5017 of 2023]

Counsel for Petitioner: Prashant Mishra, Tarun Agrawal

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