Jaipur, Sep 23 (IANS): The Rajasthan High Court has directed Ajmer Vidyut Vitran Nigam Limited (AVVNL) to deduct 25 per cent of the monthly salary of a woman appointed on compassionate grounds after her husband’s death and deposit the amount into her mother-in-law’s bank account.
The order was passed by a single judge bench of Justice Anand Sharma while hearing a petition filed by the woman’s in-laws.
The petition was originally filed in 2018. During the proceedings, the woman’s father-in-law died.
The petition stated that their son had been employed as a Technical Helper with AVVNL and died in March 2017. Following her husband’s death, the daughter-in-law secured a compassionate appointment after obtaining a No Objection Certificate (NOC) from her in-laws. At the time of appointment, she also submitted an affidavit undertaking to maintain and support the other members of the family. According to the petitioners, she subsequently left the matrimonial home, remarried and stopped providing financial support to her in-laws.
Advocate Ramit Pareek said the Court observed that compassionate appointment is not an individual right or privilege but a welfare measure intended to address the financial hardship faced by a deceased employee’s family.
The Court noted that the undertaking to maintain the family members was a significant basis for the appointment.
According to the ruling, withdrawing from that obligation after receiving the benefit of the scheme would undermine the purpose of the compassionate appointment policy.
Counsel representing the daughter-in-law argued that she had left the matrimonial home because of alleged mistreatment. It was also argued that the mother-in-law has two other sons who could support her financially.
The counsel further contended that the salary earned through the compassionate appointment should be treated as the daughter’s personal income.
After considering the submissions, the High Court directed AVVNL to deduct 25 per cent of the woman’s monthly salary and deposit the amount directly into her mother-in-law’s bank account.
The arrangement will continue for the lifetime of the mother-in-law.
The Court also directed that the terminal benefits of the deceased employee be released within 30 days and divided equally between the mother-in-law and daughter-in-law.
