Synopsis

The appellant, who married the son of a deceased government employee approximately 22 months after the employee’s death, sought compassionate appointment as a “widowed daughter‑in‑law” after her husband died shortly after the marriage. The deceased employee (Smt. Sangeeta Bajpayee) died in harness on 23rd April 2021, survived by her husband (a pensioner) and an unemployed son (Nikhil Bajpayee). The son’s application for compassionate appointment was rejected on 10th April 2023. He married the appellant on 15th February 2023 and died on 13th May 2023 without challenging the rejection. The appellant then claimed appointment as widowed daughter‑in‑law. The High Court dismissed her appeal, holding that: (i) the definition of “member of family” must be interpreted as those who existed as dependents at the time of the employee’s death; (ii) the appellant was neither a “daughter‑in‑law” nor a “widowed daughter‑in‑law” on the date of the employee’s death; (iii) the status of widowed daughter‑in‑law cannot be acquired through subsequent events (marriage and widowhood) that occurred years after the death; (iv) the rejection of the son’s application had attained finality; and (v) the family did not face immediate financial crisis as the son could sustain himself and even marry. The appeal was dismissed.

Court: High Court of Judicature at Allahabad, Lucknow BenchCoram: Honourable Rajan Roy, J. and Honourable Abdhesh Kumar Chaudhary, J.Date of Judgment: 24th April 2026Citation: Special Appeal No. 353 of 2025 (2026:AHC-LKO:29238-DB) (unreported)Core Law: Service law – compassionate appointment; U.P. Intermediate Education Act, 1921 – Regulations 103 to 107 (issued under Section 16G, Chapter III); definition of “member of family” – widowed daughter‑in‑law

2. Legal Framework

Major laws and provisions involved

U.P. Intermediate Education Act, 1921 – Section 16G, Chapter III; Regulations 103 to 107 (governing compassionate appointment of dependents of teaching/non‑teaching staff of recognised aided institutions who die in harness)
Regulation 103 – Definition of “members of the family” including: (i) wife or husband; (ii) son or adopted son; (iii) daughters (including adopted daughter) and widow daughter‑in‑law; (iv) dependent unmarried brother/sister, widow mother (if deceased was unmarried); (v) with proviso extending to dependent grandsons/granddaughters in certain circumstances.
Regulation 104 – Requirement to submit report within seven days of death, including names of family members.
Regulation 105 – Application by family member to Inspector; time limit of five years with relaxation power.
Constitution of India, 1950 – Articles 14 and 16 (equality in public employment), Article 226 (writ jurisdiction)

Key legal principles applied

Compassionate appointment is an exception, not a vested right: The object is to enable the family of the deceased employee to tide over the sudden financial crisis resulting from death of the breadwinner. It is a welfare measure, not a mode of employment. It cannot be claimed as a matter of right.Definition of “family” must be interpreted as on the date of death: The members of the family who are entitled to compassionate appointment are those who existed as dependents at the time of the employee’s death. Subsequent events (marriage, birth, or death) cannot expand the list of eligible persons for the

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