Will In Favour Of Any Person Doesn't Affect Compassionate Appointment Which Is Based On Dependence On Deceased: Allahabad High Court
The Allahabad High Court has held that there is no provision in the scheme of compassionate appointment under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 which provides for determination of suitability based on will of the deceased. It held that compassionate appointment is granted based on dependence of the family member upon the deceased employee.
Justice Manish Mathur held,
“…the aspect of registered Will in favour of any member of family does not have any role to play with regard to grant of compassionate employment. The only aspect requires to be seen for such benefit is the suitability of the person for providing such employment. Such suitability necessarily has to be seen based on the fact whether the applicant was dependent upon the deceased employee or not. The overall interest and welfare of the entire family particularly widow and minor members thereof is also a sine qua non as indicated in Rule - 7 of the Rules of 1974.”
Petitioner sought compassionate appointment upon the death of his brother who died in harness. Praying that the wife of the deceased-brother was estranged and that the petitioner was taking care of the deceased, he sought compassionate appointment. However, the same was rejected on grounds that he could not be granted compassionate appointment based solely on the registered Will of the deceased in favour of the petitioner.
Accordingly, petitioner approached the High Court.
The Court observed that both the wife and the petitioner had applied for compassionate appointment, but both their claims were rejected on grounds that the eligibility could not be ascertained due to conflicting documents.
The Court noted that the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974, Rule 2(c) defines family wherein spouse and unmarried brother are listed. Thereafter, procedure for appointment is detailed where more than one member from the family of the deceased applies for compassionate appointment.
Perusing the Rules, the Court held that there was no provision regarding registered Will of the deceased being given supremacy for the purpose of compassionate appointment. It held,
“the Head of Office is required to adjudicate not only with regard to dependency of a family member of a deceased employee but also the suitability of person applying for such compassionate appointment who will also be required to take care of the widow and minor members of the deceased family.”
Noting that the deceased also has a daughter, the Court quashed the impugned order and directed the respondent to reconsider both applications afresh, and expeditiously.
Case Title: Ache Lal v. State Of U.P. Thru. Addl. Chief Secy. Public Works Deptt. Lko. And 3 Others [WRIT - A No. - 14910 of 2025]