Widow Securing Compassionate Job After Husband's Death Can't Abandon His Parents: Rajasthan High Court Orders 25% Salary To Mother-In-Law
The Rajasthan High Court has ordered transfer of 25% monthly salary of a deceased employee's former wife, to his mother's account, after the wife remarried and allegedly abandoned the parents of the deceased, despite securing compassionate appointment after his death.
The bench of Justice Anand Sharma held that after availing benefit of compassionate appointment based on an undertaking that she would maintain other family members too, the wife could not disassociate herself from the obligation that formed the basis of the appointment.
“Her subsequent departure from the matrimonial home and remarriage, coupled with the admitted failure to maintain the petitioners, is nothing but apparent violation of fundamental spirit of scheme of compassionate appointment. It cannot be countenanced that, after the death of her husband, the daughter-in-law, having secured compassionate appointment in his place, may thereafter abandon her old aged in-laws and leave them at the mercy of destiny.”
For context, it was the case of the petitioners that their son, who was family's sole bread earner, was working as a technical helper with Ajmer Vidyut Vitran Nigam Limited (AVVNL) when he expired. His wife-respondent was given compassionate appointment in his place based on an undertaking that she would maintain other family members too.
However, allegedly, after receiving the compassionate appointment, the respondent abandoned the matrimonial home as well as her old aged in-laws, remarried, and stopped maintaining them. It was further submitted that the other two sons of the petitioners were not employed and thus were not in a position to provide financial assistance to the family.
In this background, it was prayed to share a part of respondent's monthly salary as well as the deceased employee's outstanding terminal benefits with the petitioners.
On the contrary, the counsel for the respondent argued that since she was not being treated properly by the petitioners, she had to leave the matrimonial home. It was argued that the petitioners could easily be maintained by the other two sons, and she could not be burdened to share her salary or the terminal benefits with the petitioners.
After hearing the contentions, the Court observed that the object of compassionate appointment was to grant financial assistance to the deceased's family to survive the difficulty owing to sudden death of the sole bread earner in the family. Family did not include only the widow, but also the employee's parents and other family members as prescribed under law.
The Court took into account the facts, particularly the conduct of the respondent, and made a reference to a coordinate bench decision in Bhagwan Singh v Suptd. Engineer Pawas, Ajmer Vidhut Vitran Nigam Limited, in which it was held,
“…compassionate appointment confer moral responsibilities upon the appointee to maintain other family members and the beneficiaries of compassionate appointment cannot neglect the other dependents…”
In this light, the petition was allowed, and the State was directed to deduct 25% of respondent's monthly salary and credit the same directly into the petitioners' account. Further, it was directed to release 50% of the outstanding terminal benefits of the deceased employee, in favour of the petitioners.
Accordingly, the petition was disposed of.
Title: Shri Choth Mal Verma and Anr. v Ajmer Vidyut Vitran Nigam Limited and Ors.
Citation: 2026 LiveLaw (Raj) 393