Sister of deceased govt employee can't be given compassionate job instead of his wife: Allahabad High Court

The Allahabad High Court has ruled that the sister of a deceased government employee cannot be given a job on compassionate grounds if his wife is alive and has claimed for appointment.

Justice Neeraj Tiwari gave the order and dismissed a petition filed by Kumari Mohani, the sister of a deceased employee, seeking the court's direction to the authorities concerned to consider her claim for appointment on compassionate ground.

The court observed, "In the present case, there is no dispute of fact that the deceased employee was married, and his wife is alive and also claiming appointment on compassionate grounds. Therefore, under the rules, she is only entitled for appointment and no relief can be granted to the petitioner -- sister." The father of the petitioner was working as 'safai karmchari' and during the course of service, he died.

After his death, the brother of the petitioner was granted appointment on compassionate grounds under the provisions of Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 as 'safai karmchari'. The brother of the petitioner also died in a road accident.

After his death, her mother gave consent for the appointment of the petitioner on compassionate grounds. The petitioner had filed a representation before authorities for her appointment, which was pending for decision. The present petition was filed seeking direction to authorities to decide her representation for appointment, which has been declined by the court.

The counsel for the respondent had objected to the claim raised by the petitioner and said after the death of an employee, the first right on compassionate appointment goes to husband or wife, followed by sons/adopted sons, daughters including adopted daughters and widowed daughter-in-law, and then unmarried brothers, unmarried sisters and widowed mother dependent on the deceased employee if he/she was unmarried.