Married Daughter Being Sole Surviving Family Member Of Deceased Govt Employee Is Entitled To Compassionate Employment: Rajasthan HC

The Rajasthan High Court has dismissed a challenge against an order of the Central Administrative Tribunal that directed the State to grant compassionate appointment to the respondent, who was the married daughter of the deceased employee, whose husband was also employed and earning.

The division bench of Justice Avneesh Jhingan and Justice Pramil Kumar Mathur affirmed CAT's reliance on the full bench decision of the Court in Smt. Heena Sheikh v State of Rajasthan (“Heena Sheikh Case”) in which it was decided that married daughter of a deceased employee was entitled to compassionate appointment.

The deceased employee was a permanent employee of the North Western Railway, and after his death, his married daughter, being the sole surviving member of the employee's family, applied for compassionate appointment. This application was rejected against which original application was filed by the respondent.

The Tribunal relied upon the Heena Sheikh Case to remand the matter back to the concerned department for considering the respondent for compassionate appointment on her merit. Aggrieved by this decision, the petition was filed by the State arguing that the daughter was married, and her husband was also employed, which made her ineligible for compassionate appointment.

After hearing the contentions, the Court agreed with the reliance placed by CAT on the Heena Sheikh Case, opining that there was no legal or factual error with the CAT's order.

The Court also highlighted that the order by the department that rejected the respondent's application for compassionate appointment was a non-speaking order. Since such an order had civil consequences, it could not be sustained for being violative of principles of natural justice.

Accordingly, the petition was dismissed.

Title: Union of India & Ors. v Smt. Rinky Sharma

Citation: 2025 LiveLaw (Raj) 89

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