Compassionate Appointment Cannot Be Denied Due to Estranged Son’s Employment | HC
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Case Details:Simmi Kumari vs. Union of India - [2026] 186 taxmann.com 1153 (HC - Allahabad)
Judiciary and Counsel Details
- Ajay Bhanot, J.
- Rajesh Kumar Dubey for the Petitioner.
- Anoop Tiwari, ASGI, Ashutosh Mani Tripathi & Siddharth Singhal for the Respondent.
Facts of the Case
In the instant case, the petitioner No.1 was the daughter and the petitioner No.2 was the wife of the deceased employee who died in harness. Petitioner No.2 submitted an application for the appointment of her daughter (Petitioner No.1) on compassionate grounds.
An affidavit submitted by petitioner No.2 in support of the application for appointment on compassionate grounds asserted that her son was working in a bank. According to the said affidavit, after his appointment, his son had severed all connections with the family and was staying separately.
Petitioner No.2 was dependent on her daughter (petitioner No.1). Both were dependents of the deceased employee. The application for compassionate appointment was rejected because the son of petitioner No. 2 was gainfully employed in a bank.
It was noted that under the said Rules, authorities must examine whether the deceased’s son, who is gainfully employed, is maintaining the deceased’s dependents. Further, it was noted that if a member of the family who is gainfully employed has no connection with the dependants of the deceased, does not cater to their needs, or fails to maintain them, such employment shall not influence the decision on the grant of appointment on compassionate grounds.
High Court Held
The High Court held that the impugned order was devoid of any reasons and was vitiated on account of non-application of mind to the relevant consideration. Therefore, the impugned order was to be quashed, and the matter was to be remitted to the respondent authorities, who would decide the petitioner’s claim after considering all relevant factors, including the financial condition of the deceased’s family.
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