Married Sister Not ‘Family’ For Purposes of Compassionate Appointment: Bombay HC Notes That She Was Living Happily In Matrimonial Home

As per the averments, the deceased who was unmarried is survived by his parents who are old and are being looked after by the sister-petitioner herein. Another married brother of the deceased lives separately with his family, while another unmarried sister has renounced the world.

A bench of Justice Ravindra V. Ghuge and Justice Y. G. Khobragade thus observed, “The Petitioner is the married sister of the deceased employee of Respondent No.3 (Divisional Controller, MSRTC) and she is happily cohabiting with her husband at her matrimonial house. She has two children. Therefore, we are of the view that, the Petitioner cannot be said to be dependent on the deceased employee and the Petitioner is not entitled for appointment on compassionate ground”.

Advocate Prasanna D. Dadpe appeared for the petitioner and AGP V. M. Kagne appeared for the State.

As per Clause-4 of the policy of MSRTC framed in 1994, in the definition of "Family" for the purposes of compassionate appointment the first right goes to wife/husband, son, unmarried daughter and second right goes to the adopted son/unmarried daughter, unmarried brother and unmarried sister.

The deceased in the instant case was a permanent employee, serving as Assistant with Respondent No.3- Divisional Controller, MSRTC, Jalgaon, who in 2020 died in harness. The deceased lived with his parents therefore, the petitioner submitted that after him, she was looking after her old parents who were solely dependent on his income.

Subsequent to which, on 4 different occasions, the petitioner submitted an application to respondent no. 3 seeking appointment on compassionate ground in place of her deceased brother. However, on January 16, 2023, the Divisional Controller passed the impugned order saying that since she was not dependent on the income of the deceased employee, therefore, she is not entitled for the appointment on compassionate ground.

The petitioner therefore, to substantiate her claim relied on the judgment dated November 10, 2017 passed by a Co-ordinate Bench of the Court in Swapanali Shekhar Kalbhor & Ors. v. State of Maharashtra & Ors., wherein it has been held that a married daughter finds place in the scheme of compassionate appointment, if the conditions are satisfied as per the policy.

The bench although refused to rely on the cited judgment saying, “…the said judgment is not applicable to the facts and circumstances of the present case. Therefore, we do not find that the impugned order, passed by Respondent No.3 rejecting the application of the Petitioner for grant of appointment on compassionate ground, suffers from any illegality”.

While opposing the claim vehemently and seeking dismissal of the petition, the respondents argued that the petitioner is married with two children and is happily cohabiting with her husband at her matrimonial house. Further, as per the Scheme of compassionate appointment, a married sister does not fall within the ambit of family member or dependent.

Accordingly, considering the facts and circumstances and the existing policy, the bench dismissed the petition.

Cause Title: Jyoti w/o Ganesh More v. The State of Maharashtra [Neutral Citation: 2023:BHC-AUG:23709-DB]