• Compassionate appointment for married daughter

Good Afternoon Sir,  My father in law has expired on 8th Dec 2017 due to ill health, he was a junior assistant in ZPP high school . he was 59 years old. He has three children, one son and two daughter.  All are married, my wife is an elder one .All the family members are very much interested to give NOC on my wife name.  And Iam also non earning member and having no assets on my name. Sir, kindly give your advice, Is my wife eligible to get her fathers job in compassionate grounds.
Asked 9 months ago in Family Law from NELLORE, Andhra Pradesh
Religion: Hindu

Hello ,

Married daughters are generally not eligible but if you can show that she is the only one who can help the family , and that she stays with them to look after them , then obviously she is eligible .

Hope this helps .

Regards.

Swarupananda Neogi
Advocate, Kolkata
740 Answers
2 Consultations

4.8 on 5.0

Married daughter is entitled to compassionate appointment

2) When appointment on compassionate grounds is given to a married daughter the object to be achieved is to ensure that such married daughter will look after the other dependent members of the deceased employee's family like the widow, minor children of the deceased employee, his handicapped children, parents, etc. This can be ensured by insisting on a declaration by the candidate for appointment on compassionate grounds that s/he would look after such dependent family members of the deceased employee.

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

Married daughter is entitled to job of deceased employee under compassionate ground provided she gives declaration that she will look after the interest and welfare of dependents of deceased employee.

Swarnarka Chowdhury
Advocate, Mysore
1638 Answers
2 Consultations

5.0 on 5.0

If the said govt department is ready to absorb your wife then there is no issue for the same.

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

1. Compassionate ground is not a legal ground.

2. So, the employment of your wife will be sought based on compassion which can not be demanded.

3. Mostly the dependents of the employees who dies while being on the job at the work place get preference for appointment in compassionate ground.

4. However, your wife can apply for employment in any post of her farther's department on compassionate ground enclosing the NOCs issued by other family members of her late father.

Krishna Kishore Ganguly
Advocate, Kolkata
20521 Answers
514 Consultations

5.0 on 5.0

1. Compassionate appointment is an urgent provision to give immediate succour to the grieving family on death of the sole earner.

2. Please note that compassionate appointment is not a legal right leave alone vested right of the dependent of deceased employee.

3. Its allowed only in that case where there is such specific provision in the service rules of the department.

4. The married daughter in most cases is not eligible for compassionate employment.

Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

One member or dependent of the deceased employee is eligible for employment under compassionate grounds with regard to the deceased employee who is reported to have died in harness.

If the other members of the household of the deceased employee are willing to give NOC to your wife, she can very well get this employment on compassionate grounds.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

Dear Client,

As per judgement of One of High Court, Married daughter is eligible for compensate appointment. All she cared that she is willing to look after dependent of deceased. Also, take a ground that father was aiding her financial.

Make sure, ground that u r not earning is not valid to award compensate appointment to her but only dependents on her father.

Marriage Not A Ground To Deny Compassionate Appointment To Employee’s Daughter: Madras HC [Read Judgment] By: Anubha Singh April 11, 2017 10:23 am...

Yogendra Singh Rajawat
Advocate, Jaipur
6468 Answers
5 Consultations

4.7 on 5.0

Yes in a recent judgement Kolkata High court has held that married daughter can also claim government employment in case of her father dies while in service.

The judgement further stated within the meaning of constitution the daughter and sons are equal and daughter even married does no loose relation as daughter so can get a job.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

If the school is going to provide job to any of the legal heir and all the other legal heirs are interested in providing NOC so that daughter gets late father's job then after getting NOC and fulfilling all the required formalities, daughter can get the job.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

A married daughter is eligible for a job on compassionate ground in case of demise of her father.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

She is eligible for that job.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer