Consent of surviving parent mandatory for compassionate appointment: SC

A deceased government servant’s married daughter can seek a job on compassionate grounds only if the surviving parent nominates her and gives consent

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A married daughter of a deceased government servant can seek a job on compassionate grounds only if her mother approves. This was the ruling by the Supreme Court, which rejected a plea of the petitioner because her mother’s approval was lacking.

Last year, HRKatha had carried a story dated January 15, 2021, wherein the Allahabad HC had ruled that even a married daughter can claim a job on compassionate grounds, just as a married son of a deceased government official who dies while in service.

However, in the recent case, a bench comprising Justices Ajay Rastogi and CT Ravi Kumar observed that Rule 2.2 of Madhya Pradesh Police (Non-Gazetted) Service Rules of 1997 clearly states that the name of the person who should be given the job on compassionate grounds has to be sponsored by the deceased government servant or the survivor parent. In this case, the surviving parent is the mother, who objects to the married daughter’s appointment.

The advocate representing the petitioner argued that although the petitioner has not been sponsored by her mother — the widow of the deceased government servant — she possesses the right, as an individual, to be considered for employment on compassionate grounds under the prevailing Rules.

However, the bench drew attention to the fact that Rule 2.2 of the Madhya Pradesh Police (Non-Gazetted) Service Rules clearly indicates that if a dependent spouse (husband or wife) of a deceased government servant is not eligible for a compassionate employment or chooses not to accept the job granted on compassionate grounds, she/he can then nominate the son or unmarried daughter for the job.

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