Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court
Live LawThe Indore Bench of Madhya Pradesh High court recently held that merely mentioning a person's name in departmental documents as a nominee does not automatically confer a right to claim compassionate appointment on account of death of deceased employee. A single-judge bench of Justice Subodh Abhyankar observed, “…merely mentioning of the name of any person in the official documents referring the same to be the nominee of the employee is of no avail to such person to claim compassionate appointment on account of death of deceased employee in the face of a rival claim by the other family members of the deceased employee, as the compassionate appointment is provided under a policy formulated by the State Government and such policy would never promote the polygamy.” In the present case, the petitioner is the son of a deceased Class-III employee, a Hand Pump Technician in the Public Health & Engineering Department, Rajgarh who died in harness during the Covid-19 pandemic period. After considering the above submissions, the court observed, “Even if Hiralal belonged to Scheduled Tribe in which, they also have tradition of Natra also, in which, a woman resides with a man under contract, but, undoubtedly the petitioner was born out of a relationship between Hiralal Kochak and his first wife Shantibai, and thus, the petitioner was the legitimate son of Hiralal Kochak.” The court placed reliance on Khursheed Ahmad Khan vs. State of Uttar Pradesh and others wherein Supreme Court had clearly deprecated the practice of polygamy holding that it is not an integral part of religion, and also that it is necessary for a person to take permission to solemnize second marriage if their custom permits the same. The court further said, “…there is nothing on record to suggest that Hiralal Kochak divorced his first wife Shantibai before contracting second marriage, or that he had informed the Government about contracting the second marriage, if his customs permit the same.” Thus, the court remarked that merely mentioning the name of any person in the official documents as the nominee of the employee is of no avail to such person to claim compassionate appointment on account of death of deceased employee. “…petitioner has made out a case for compassionate appointment being the son of Hiralal Kochak, born out of his first wife and the fact that Hiralal though mentioned the name of his second wife Ushabai and his son in all his service record, but did not inform his department regarding the factum of his second marriage with Ushabai which was a condition necessary as has been held by the Supreme Court in the case of Khursheed Ahmad Khan.”, the Court said.