The Rajasthan High Court has directed that a portion of the salary of a government employee who was appointed on compassionate grounds must be deducted to meet the maintenance needs of a dependent widow of the deceased former employee. The court held that while the compassionate appointment scheme served the purpose of addressing the financial crisis of the bereaved family, it did not absolve the appointee of responsibilities towards other dependents of the deceased.
In the case before the Court, the deceased government servant’s surviving spouse had claimed that although the petitioner had secured employment under the compassionate appointment scheme, no provision was made to ensure her maintenance from the appointee’s salary. She sought a writ of mandamus directing the State to ensure that the petitioner’s salary be utilised to maintain her. The petitioner, appointed on compassionate grounds after the death of the bread-winner, contended that the appointment itself was a benefit granted by the State and did not impose additional obligations on him beyond dutiful discharge of his job.
The Court analysed the legislative intent behind the compassionate appointment scheme under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 and held that the scheme is not merely a job grant, but a measure to relieve the family of the deceased from sudden financial hardship. However, the court observed that the existence of a beneficiary under the scheme does not automatically extinguish the duty of the appointee to his family in respect of maintenance, especially when the appointee’s salary has commenced and the dependent widow continues to suffer hardship.
Consequently, the court ordered the respondent department to make necessary arrangements for monthly deduction from the petitioner’s salary for the maintenance of the widow dependent, subject to compliance with applicable service rules and after providing the petitioner an opportunity to make representations. The court emphasised that such deduction must be fair and proportionate, ensuring that the petitioner’s livelihood is not unduly affected, while concurrently safeguarding the dependent’s right to financial assistance.
This decision reinforces that compassionate appointments, while beneficial, carry ancillary responsibilities — particularly in relation to dependents of the deceased employee who may not have been adequately considered at the time of appointment. The court’s direction thus seeks to balance the appointee’s rights with the dependent’s legitimate claim to maintenance, aligning with the broader purpose of the scheme to ameliorate hardship and uphold equity within the family of the deceased government servant.
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