A married daughter qualifies for compassionate appointment only upon proving wholly dependent status at the employee’s death.

The applicant’s father, a Gramin Dak Sevak, died in harness on 22 September 2016, leaving behind one son and four daughters; all the children were married at the relevant time.

The applicant applied for compassionate engagement and submitted the requisite documents, including consents from other family members.

The Department sought clarification and rectification of certain deficiencies in the application.

Her claim was rejected by the respondents on the ground that, being a married daughter residing with her husband, she was not wholly dependent upon the deceased GDS at the time of his death.

The applicant challenged the rejection order dated 19 December 2020, although paragraph 2 of the judgment refers to the impugned order as dated 19 December 2019.

No one appeared for the applicant at the hearing and no written submissions were filed.

1. Whether a married daughter is eligible for compassionate engagement under the Department of Posts’ Revised Scheme dated 30 May 2017, subject to proof that she was wholly dependent upon the deceased GDS at the time of his death.

2. Whether the applicant established that she was wholly dependent upon the deceased GDS despite being married and residing with her husband.

The Tribunal applied Department of Posts Circular No. 17-1/2017-GDS dated 30 May 2017, which includes a “married/widowed/divorced daughter wholly dependent on the GDS at the time of his/her death” within the definition of a dependent family member.

Compassionate appointment or engagement is not a vested right or a regular mode of recruitment; it is an exceptional measure intended to provide immediate financial assistance to a family facing destitution after the death of its breadwinner and must be governed strictly by the applicable scheme.

The Tribunal relied on G.P. Sree Devi v. Ministry of Railways, O.A. No. 1338/2016, decided on 30 August 2019, which followed Chief Commissioner, Central Excise & Customs, Lucknow v. Prabhat Singh, (2012) 13 SCC 412, for the principle that courts and tribunals cannot grant compassionate appointment on misplaced sympathy or contrary to the prescribed norms.

The Tribunal held that marriage alone could not disqualify the applicant because the revised scheme expressly recognised a married daughter as a potential dependent family member.

However, the decisive requirement was actual and complete financial dependence upon the deceased GDS at the time of death.

The applicant’s voter identity card and Aadhaar card showed her residence at Lakhanpura, where she lived with her husband, rather than with her father.

The respondents had also recorded that her husband earned approximately Rs. 10,000 per month.

Since the applicant produced no evidence demonstrating that she was wholly dependent on her father when he died, she failed to satisfy the essential condition of the scheme.

The Tribunal therefore declined to extend compassionate relief on equitable or sympathetic grounds.

It held that although a married daughter may be considered under the 30 May 2017 Revised Scheme, eligibility depends upon proof of her being wholly dependent upon the deceased GDS at the time of death.

The applicant failed to establish such dependency.

The Original Application was accordingly dismissed, with no order as to costs.