SC orders 50% of salary received by the job to be given to dependants

  • August 2, 2017
  • 10:25 am
  • yuvraj_goswami_16

The Supreme Court disposed of a matter ordering that 50% of the salary that a woman received from her job which she got due to compassionate appointment must be handed over to her children who were kept under the care of their maternal grandfather.
In the instant case, a woman had received a government job as per the rules of compassionate appointment. She was given the job because of the death of her husband. The woman then remarried and left the children to be taken care of by her father that is, the maternal grandfather of the children.
The High Court of Rajasthan directed the said order which was then upheld by the Supreme Court. As per the Family Pension Rules, the woman, if remarried would not be qualified for the pension but the Rajasthan High Court took the children in view and ordered that till the last of the children do not reach the age of 25, after which the family pension stops anyway, the grandfather should be provided with 50% of the salary of the mother.
In the above case, though the compassionate appointment could have been terminated but instead of doing that the Court ordered that the job be kept and 50%of the salary received be given to the children.
A similar view was taken by the Jammu and Kashmir High Court in the case of Rehana Azeem vs. State and others. The court in that case had also allocated 50% of the salary for the care of children.