Can a daughter-in-law secure a job after her father-in-law's death? Find out the rules regarding compassionate appointment..
Compassionate Appointment Eligibility: The Rajasthan High Court recently delivered a significant verdict regarding compassionate appointments, stipulating that a daughter-in-law is entitled to rights equal to those of a daughter. The Court has clarified that, following the demise of a father-in-law, a daughter-in-law shall now enjoy the same rights as a daughter. With this ruling, the legal distinction between a 'daughter-in-law' and a 'daughter' has effectively been abolished. This judgment underscores the principle that a daughter-in-law who shoulders the responsibilities of the family deserves equal rights. While the Court's verdict has made it abundantly clear that such rights must be granted, many people remain unaware of what exactly constitutes a compassionate appointment and the specific rules governing it. So, let us explore the rules and eligibility criteria associated with it.
**What is a Compassionate Appointment?**
If an employee passes away suddenly while still in service, their family often faces a severe financial crisis. The burden of running the household falls abruptly upon them, and meeting even daily expenses becomes a daunting task. To provide support to the family during such difficult circumstances, the government offers the facility of a compassionate appointment. The primary objective is to provide immediate relief to the family and ensure the continuity of their livelihood. This is not a statutory right, but rather a form of assistance extended during times of need, designed to prevent the family from collapsing completely and to enable them to gradually regain their stability.
**How is a Compassionate Appointment Granted?**
Following the historic verdict by the Rajasthan High Court, the daughter-in-law has now been added to the list of eligible candidates—alongside the spouse, son, unmarried daughter, and adopted child. Furthermore, the concerned department also assesses the financial status of the family.
**Who Can Apply?**
Previously, eligibility for this position was restricted to the spouse, son, unmarried daughter, and adopted child. However, following the Rajasthan High Court's judgment, the daughter-in-law has now been included in this category. This implies that if a daughter-in-law is managing the household and the family is dependent upon her, she, too, is eligible to secure the job.
**What are the Essential Conditions?**
When applying for this position, the financial condition of the family is a key consideration. If the family already possesses substantial income or assets, securing the appointment may prove difficult. There is also a specific time limit for submitting an application. Typically, it is mandatory to apply within one to five years of the employee's death.
Furthermore, the applicant is not granted the same post held by the deceased employee. In most cases, individuals are offered Group C or Group D positions—such as a clerk, peon, or multi-tasking staff.
What was the full background of the case?
The story behind this case revolves around a struggling family. Sundari Devi's father-in-law worked in the PWD and passed away while on duty on November 19, 2016. At that time, her husband was bedridden following a severe accident. Consequently, to shoulder the responsibility of running the household, Sundari Devi applied for a compassionate appointment; however, the department failed to take any action for a prolonged period. Subsequently, on May 25, 2020, her husband also passed away, further exacerbating the family's financial distress.
A bench presided over by Justice Ravi Chirania heard this matter and dismissed the arguments put forth by the department. The department had contended that a daughter-in-law could not be granted such employment; however, the Court unequivocally declared that a daughter-in-law must be recognized as an integral part of the family. Expressing its displeasure regarding the PWD's stance, the Court observed that denying employment to a daughter-in-law runs contrary to the very spirit of the law.
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