Married daughter being sole surviving member entitled to compassionate employment after father’s death: Rajasthan HC

Dismissing a challenge against an order of the Central Administrative Tribunal, the Rajasthan High Court (HC) maintained that the married daughter, being the sole surviving family member of a deceased government employee, is entitled to compassionate employment.

The major judgment was announced by the division bench of Justice Avneesh Jhingan and Justice Pramil Kumar Mathur after hearing the Heena Sheikh vs State of Rajasthan (Heena Sheikh Case).

Background of the case:

According to the case diary, Heena’s father was a permanent employee of the North Western Railway. After his death, Heena, who is the sole surviving member, applied for compassionate appointment. However, her application was rejected, following which she approached the Central Administrative Tribunal (CAT).

Based on her complaint, the Tribunal directed the concerned department to consider her for compassionate appointment on her merit. However, a petition was filed by the State arguing that the daughter was married, and her husband was also employed.

Court's Order:

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 Heena’s application for the 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 state’s petition was dismissed.