ups_00372 — A widowed daughter-in-law of a Gramin Dak Sevak is eligible for consideration for appointment on compassionate grounds if and only if the only son of the deceased GDS is pre-deceased
Original Rule Text
A widowed daughter-in-law of a Gramin Dak Sevak is eligible for consideration for appointment on compassionate grounds if and only if the only son of the deceased GDS is pre-deceased — The chunk is a part of the judgment in the case Smt. Praveen Rani v. Postmaster-General, New Delhi and others, where it is explained that compassionate employment is not meant to provide a post for t... — Facts: The Applicant being the widowed daughter-in-law of one Smt. Saroj Kaushik, GDS, Kazmabad, Meerut who died in harness on 12-12-2010, applied for appointment on compassionate grounds on 31-7-2014 stating that she was fully dependent on the deceased official. But her claim was rejected by the SSPOs, Meerut by impugned Order, dated 8-5-2014 on the ground that a daughter-in-law does not fall under the category of dependants of the deceased employee and therefore she is not eligible compassionate appointment. Earlier, the married son of the Applicant viz. Shri Rajeev Kaushik applied for appointment on compassionate grounds. But the same was rejected by impugned Order, dated 9-5-2014 on the ground that married son was not eligible for appointment on compassionate grounds. The Respondents state that the deceased employee had two married sons and the younger son had applied for appointment on compassionate grounds. But the same was rejected on 9-5-2014 on the ground that married sons are not considered as a dependant as per Scheme, dated 9-10-2013. Thereafter, the Applicant, who is the daughter-in-law of the deceased official, applied for appointment on compassionate grounds and that it was rejected on 5-8-2014 based on the Scheme, dated 9-10-2013. However, the said scheme was modified on 30-5-2017 wherein it was stipulated that daughter-in-law of the deceased GDS, who is wholly dependent on the GDS can be considered for appointment on compassionate grounds, if the only son of the deceased GDS is pre deceased. But in this case, the other son of the deceased employee is alive. Admittedly, the younger son of the deceased employee viz. Shri. Rajeev Kaushik was married and therefore his claim was rejected as per the revised circular, dated 9-10-2023 issued by Department of Posts. The claim of the Applicant, who is the daughter-in-law of the deceased employee was also rejected by impugned Order, dated 5-8-2014 on the ground that the daughter-in-law is not entitled for appointment on compassionate grounds. The scheme was further revised by Department of Posts on 30-5-2017 and the scheme outlies the applicability and definition of ‘Dependent Family Member' as detailed below: Spouse; or Son including adopted son; or Married son living with parents and dependent for livelihood on the GDS on the date of death of the GDS; or Daughter including adopted daughter; or Married / widowed daughter / divorced daughter wholly dependent on the GDS at the time of his/her death: or Daughter in law of deceased GDS who is wholly dependent on GDS, if the only son of the GDS is predeceased, provided she gives an undertaking that she is not availing the same benefit from her own parenthood. Brother or sister in the case of unmarried GDS wholly dependent on the GDS at the time of his / her death.