Compassionate appointment

Dear client,

Under the compassionate appointment (“Anukampa Niyukti”) rules applicable in Rajasthan, the authorities generally examine the financial condition of the deceased employee’s family and whether any dependent family member is already in Government service. In many cases, if one of the dependents is already employed in a regular Government post, the claim for compassionate appointment of another dependent may be rejected on the ground that the family is not in immediate financial destitution. However, mere existence of an unmarried sister in Government service does not automatically bar every claim in all circumstances; the decisive factors are ordinarily whether she was treated as part of the dependent family unit of the deceased employee, whether she is actually supporting the family, and whether the family continues to face financial hardship after the death of the employee.

If your application has been rejected solely because your unmarried sister is in Government service, the following legal and factual grounds may be examined:

whether your sister was financially independent and residing separately;
whether she was actually dependent upon the deceased employee or vice versa;
whether her income is being utilised for maintaining the family;
whether there are other dependents, liabilities, medical expenses, loans, or absence of sufficient family pension;
and whether the rejection strictly conforms to the applicable Rajasthan Compassionate Appointment Rules.

You may submit a detailed representation before the competent authority stating:

the present financial condition of the family;
details of liabilities and dependency;
that compassionate appointment is sought to mitigate sudden hardship caused by the death of the employee;
and clarification regarding your sister’s independent service status and financial role.

If the rejection order is arbitrary or contrary to the applicable rules, it may also be challenged before the appropriate service tribunal or through writ proceedings before the Rajasthan High Court. The exact wording of the rejection order and the specific Rajasthan service rules applicable to compassionate appointment will be crucial in determining the available remedy.

Dear Client,
In your case, the authorities have rejected your claim for compassionate appointment (Anukampa Niyukti) on the ground that your unmarried sister is already in government service. However, such rejection may still be challenged if your family continues to suffer financial hardship after the death of your father.

The main object of compassionate appointment is to provide immediate financial assistance to the family of the deceased government employee. Mere employment of one family member does not automatically mean that the family is financially stable. You may contend that your sister’s employment alone is not sufficient to maintain the entire family and that the authorities should consider the actual financial condition of the family, including liabilities, household expenses, medical expenses, and dependency of other family members.

You may submit a detailed representation before the competent authority requesting reconsideration of your application and seeking relaxation of the applicable rule in view of the exceptional circumstances of your family. Along with the representation, you should annex documents showing the present financial distress of the family, such as income details, liabilities, educational expenses, medical expenses, and other relevant records.

Further, if the authorities reject your representation without properly considering the financial condition of the family, you may challenge such decision before the appropriate High Court under Article 226 of the Constitution of India on the ground that the rejection is arbitrary and defeats the humanitarian purpose of compassionate appointment policies.

Therefore, although the existing rule regarding employment of a family member may create an obstacle, you still have legal remedies available to seek reconsideration of your claim depending upon the factual financial condition of your family.