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Cancel compassionate appointment if widow breaches undertaking to take care of aged mother-in-law

Cancel compassionate appointment if widow breaches undertaking to take care of aged mother-in-law

Usha Giri Vs State of Maharashtra

Bombay HC



About/from the judgment:

The High Court ordered a local Zilla Parishad to consider the application filed by a widow seeking compassionate appointment after she gave an undertaking by way of an affidavit that she will take proper care of her aged mother-in-law.

The Court also made it clear that if Usha doesn't take proper care of her 74-year-old mother-in-law as given in the undertaking, her compassionate appointment can be cancelled.

"The affidavit-cum-undertaking filed by the petitioner (Usha) is sufficient to indicate that she would take care of the mother-in-law," the bench said.

"Naturally, after getting the compassionate appointment, if the petitioner ill-treats the mother-in-law or deserts her, there is a provision in the Government Resolution that such compassionate appointment can be taken away," the Court made it clear.

The bench was hearing a plea filed by Usha Giri challenging a February 13, 2020 decision of the Zilla Parishad in the district, rejecting her application for compassionate appointment.

Usha's husband, an employee of the Zilla Parishad school, had died in August 2015 after which in October 2015, she filed an application before the relevant authorities seeking a compassionate appointment.

However, her mother-in-law raised an objection to her application highlighting that her daughter-in-law has been harassing and ill-treating her.

The Zilla Parishad, accordingly, considered the complaint of Usha's mother-in-law and decided to reject her application.

Subsequently, Usha petitioned the High Court, which after hearing her contentions, suggested her to take proper care of her aged mother-in-law.

In her affidavit filed on April 8, 2022, Usha said,

"As my widowed mother-in-law is dependent upon me along with my 10 years old daughter, I would ensure that the mother-in-law is well taken care of."

After the judges took the affidavit on record, the counsel appearing for Zilla Parishad submitted that now there is no impediment in appointing her on compassionate basis.

Read the Judgment


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