Read Order: SMT. SURBHI BHADURIYA Vs. STATE OF MADHYA PRADESH &ORS. 

Mansimran Kaur

New Delhi, April 6, 2022: The Apex Court has dismissed a plea seeking compassionate appointment of a married daughter of a deceased government servant as she was not sponsored by his widow.  

A two-judge bench comprising Justice Ajay Rastogi and Justice Ravi Kumar declined the prayer of the petitioner by holding that the existing scheme of Rules prescribe that the Government employee shall sponsor the name for compassionate appointment for future instance. 

The brief facts of the case were that the petitioner was the married daughter of the deceased Government employee in the present case. However, she was not sponsored by her mother for compassionate appointment as mentioned under the Compassionate Appointment Scheme Rules. 

The Counsel for the petitioner contended that though the mother of the petitioner in the instant case did not sponsor her, the same shall not suffocate her independent right to be considered for compassionate appointment under the present scheme of Rules. 

The Top Court, however, held a contrary view and abided by the existing scheme of Rules. It was held that since the deceased employee’s widow, i.e., the mother of the petitioner, has not sponsored the name of her daughter under Rule 2.2 for whatever reasons, implies that the daughter cannot be considered for the same. 

Rule 2.2 of the scheme clearly indicates that the name has to be sponsored by him/her, the deceased Government employee. Indisputedly, in the instant case the name of the petitioner has not been sponsored by her mother for the reasons best known to her. The question which has been raised by the petitioner is answered by rule 2.2 of the scheme of rules, needs no further consideration by this Court,” the Bench said

Thus, the Apex Court dismissed the Special Leave Petition and directed to dispose of the pending applications, if any. 

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