Madhya Pradesh High Court denies daughter’s job claim, says compassionate appointment isn’t ‘property right’

Justice Jai Kumar Pillai said that the approach of the respondent authorities was fundamentally misconceived.

The order added that this court is also conscious of the subsequent amendment in the compassionate appointment policy that came into force in 2023, making it clear that there will be no differentiation between a married and an unmarried girl.

It continued, “However, this amendment does not come to the rescue of the married daughter, as the death of the deceased occurred in the year 2020 and the petitioner explicitly applied in 2021. Thus, the preference must undoubtedly be given to the petitioner.”

Court’s findings

• This court found the approach of the respondent authorities to be fundamentally misconceived.
• First of all, in all cases of compassionate appointment, there is no need for a succession certificate.
• Insisting on a succession certificate for processing an application for compassionate appointment is arbitrary and without the authority of law.
• The jurisdiction of this court under Article 226 of the Constitution of India in matters of compassionate appointment is circumscribed.
• The Court does not sit as an appellate authority but examines whether the administrative action is strictly in consonance with the prevailing government policies and settled legal principles.
• The core issue precipitating this litigation is the issuance of the impugned letters dated January 2024 and February 2024 by the respondent authorities, directing the rival claimants to produce a succession certificate to decide their entitlement for compassionate appointment.
• Her contention that she has parted ways from her husband or is living separately has not been substantiated or proved by any decree of divorce from a competent court of law, nor is there any cogent documentary evidence to that effect on record.
• Thus, in the strict line of dependents prescribed by the 2014 policy, the son of the deceased holds statutory priority and comes first, completely superseding the claim of a married daughter.
• In Sarbati Devi and Anr v Usha Devi, while it is true that a mere nomination for terminal benefits does not confer absolute ownership and the nominee acts merely as a custodian subject to the law of succession, this principle is restricted to the disbursal of financial assets and service emoluments.

What is succession certificate?

• A succession certificate is a legal document issued by a civil court to the lawful heirs of a deceased person who died without a will.
• It is primarily needed to claim, transfer, or manage movable assets such as bank accounts, shares, mutual funds, and debts.
• It protects organisations from liability when releasing assets to rightful heirs.

Case of compassionate appointment

The case originated following the death of a man, who served as a driver at the District Hospital Ratlam and passed away in harness on June 22, 2020. His son applied for a compassionate appointment in December 2021. However, his sister also staked a claim, asserting her rights as a legal heir and dependent.

The dispute was further complicated when the respondent authorities issued communications in early 2024, directing both siblings to produce a succession certificate before their claims could be processed.

During his lifetime, the deceased employee had nominated his two sons for the service emoluments. The service emoluments were subsequently disbursed to the sons. The sister objected to this disbursement, asserting her rights as a legal heir and dependent, which led to parallel proceedings before the civil court for a succession certificate.

The sister challenged these letters and sought her own appointment, while the brother sought a mandamus to compel the state to accept his application.

Appearing for the petitioner, advocate Priyvrat Singh Chouhan submitted that the entire family was dependent on the income of the deceased father. It is contended that the sister, being a married daughter, had left her husband’s house and was living with someone else, due to which the father had severed all ties with her during his lifetime.

Representing the state, Government Advocate Ayushyaman Choudhary justified the communications by submitting that since both the son and daughter submitted rival claims for compassionate appointment, the department rightly directed them to produce a succession certificate to ascertain the lawful heirs.