Brother Eligible For Compassionate Appointment if Employee’s Spouse Predeceases Him
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The Karnataka High Court has ruled that the mere fact of marriage cannot be used to deny compassionate appointment if the deceased employee’s spouse has already passed away and there are no children. The Court emphasized that the aim of compassionate employment is to support the family of the deceased and prevent them from financial hardship.
The case involved Veeresh Mantappa Lolasar, an employee of the K.K.R.T.C, Ballari Division. He was married to Sunanda, who predeceased him in April 2022. The couple had no children. At the time of his death, Veeresh was supporting his mother and his brother, who continued to live together as one family.
After his death, the brother applied for a compassionate appointment, stating that he was also looking after their mother. However, the Road Transport Corporation rejected the application, arguing that as per its policy, compassionate appointments are allowed only for the spouse or children of a deceased employee.
Justice Suraj Govindaraj disagreed with the corporation’s reasoning. He observed that the purpose of compassionate employment is to protect the dependent family members of a deceased employee from sudden financial distress.
The Court pointed out that in this case:
- The employee’s wife had died earlier.
- The couple had no children.
- The mother and brother were financially dependent on the deceased employee.
Therefore, the Court held that the brother’s application should have been considered properly, as he had undertaken responsibility for the care of his mother.
If the spouse of the employee had predeceased the employee and there are no children, the mere marriage of the deceased employee cannot be a ground to reject an application for compassionate
appointment.
The High Court allowed the petition and set aside the corporation’s rejection order. It directed the corporation to appoint the brother to a suitable post based on his qualifications within twelve weeks.
Additionally, the Court clarified that if the brother failed to take care of his mother in the future, she would have the right to seek cancellation of his appointment.
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