Allahabad High Court Flags 'Serious Lapse' In Granting Compassionate Appointment To Stepmother Sans Safeguarding Minor Daughter's Welfare

In a series of orders passed between October and November 2025, the Allahabad High Court has sharply scrutinized the manner in which the Nagar Nigam, Prayagraj granted compassionate appointment to the stepmother of a deceased municipal employee without ensuring the safety and future welfare of his minor daughter. A bench of Justice Manju Rani Chauhan noted that under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974, the dependent receiving such an appointment is obligated to ensure the maintenance and welfare of the other surviving members of the family, especially minors. The court added that if the same is not done, the appointment would become vulnerable to judicial scrutiny. Briefly put, the petitioner (a 12th class student) lost both parents. She lost her mother in 2009 and her father (Nagar Nigam's employee) in June 2023. Her father had performed second remarriage with respondent no.4. Following the father's death, the stepmother (respondent no.4) applied for compassionate appointment without disclosing all material facts relating to the petitioner. She was granted appointment and other service benefits. Since the petitioner had no support except for her maternal uncle, she approached the Court alleging that her welfare had not been secured before extending the appointment to stepmother. On 10 November 2025, after a detailed examination of the entire issue, the Court recorded that the petitioner had actually been left in a 'precarious' and 'disadvantageous' position. It noted that she had been issued merely two cheques (₹7 Lakh+ and ₹3 lakh+), despite her being a minor. The Court noted that no assurance, undertaking or affidavit had been taken from the stepmother that she would bear the responsibility for the minor's maintenance, education or future security. The bench also flagged that the competent authority had failed to verify whether the petitioner had been "adequately provided for" and thus, the statutory obligation under the 1974 Rules was ignored. Justice Chauhan observed that the omission reflected a serious lapse in the discharge of statutory duty and undermines the very purpose of the scheme of compassionate appointment. Taking a stern view, the Court directed the Nagar Ayukt, Nagar Nigam, Prayagraj, to appear personally on 13 November 2025 to assist the Court. During the hearing on that date, an officer appeared and informed the Court that an affidavit had now been taken from the stepmother, in which she stated she was willing to pay ₹5,000 per month towards the petitioner's maintenance. The Court, however, sought a comprehensive affidavit from the authorities detailing other measures that will be taken for the safety, security and maintenance of the minor. The officer also acknowledged the significance of timely intervention and proper supervision in matters concerning the safety and welfare of the dependents of deceased employees. He also undertook to introduce necessary precautions to avert any lapses in the future. In its order, the Court also lamented the declining moral values of our society, noting that a minor girl child was compelled to litigate against her stepmother. Justice Chauhan stated that even as the Government promotes schemes like Beti Bachao Beti Padhao, Nanhi Kali and Sukanya Samriddhi Yojana, the responsibility to protect the future of bereaved minors is not only the duty of the Government but of each and every individual."Being a citizen, even if anybody, who does not have good proximity in family, should extend contribution in well being of a girl child for the sake of a harmony in our society," HC remarked. The Court also expressed hope that respondent no.4 would continue to extend healthy behavior with the minor girl child. The Court has now posted the matter for a hearing further on 20 November 2025.Case title - Varsha vs. State Of Uttar Pradesh And 3 OthersClick Here To Read/Download Order

Allahabad High Court Flags 'Serious Lapse' In Granting Compassionate Appointment To Stepmother Sans Safeguarding Minor Daughter's Welfare

Sparsh Upadhyay

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