Madhya Pradesh High Court quashed rule requiring succession certificate for compassionate appointment. Justice Jai Kumar Pillai held it is welfare relief, not inheritance, granting preference to son under 2014 policy.
The Madhya Pradesh High Court quashed certain administrative instructions that mandated production of a succession certificate for processing a request for compassionate appointment. The Court held that insisting on such a document in this context is legally impermissible. It explained that compassionate appointment is not a hereditary right that devolves by succession; rather, it is a welfare measure meant to provide immediate financial support to the bereaved family of a deceased government employee.
The judgment was delivered by Justice Jai Kumar Pillai in a common order disposing of W.P. No. 13968/2023 and W.P. No. 6223/2024. The Court also ruled that, under the applicable 2014 compassionate appointment policy, a son is entitled to statutory preference over a married daughter in determining eligibility and priority.
Background
The matter began after the death of Shri Rameshvan Goswami on June 22, 2020. He worked as a driver at the District Hospital, Ratlam. Following his death, his son, Ritesh Van, applied for compassionate appointment in December 2021. However, his sister, Anita Van, also staked a claim and opposed the release of the deceased employee’s service dues to the applicants.
Because both sides raised competing claims, the authorities issued communications dated January 23, 2024, and February 6, 2024, directing both parties to submit a succession certificate. Ritesh Van challenged these communications, while Anita Van sought their quashing and prayed that she be considered for appointment, along with a one-third share in the service emoluments.
Submissions of Parties:
For Ritesh Van, it was argued that the deceased employee’s family depended on him. Counsel stated that Anita Van, being a married daughter, lived separately and was allegedly estranged from the family. It was also contended that Anita had earlier executed a no-objection affidavit, which, according to counsel, barred her from raising a claim later by applying the principle of estoppel.
Counsel for Anita Van, in contrast, maintained that as a daughter she was entitled to an equal share in the financial benefits of the deceased under Hindu law. She argued that a nominee holds property in a fiduciary capacity and does not acquire absolute ownership. She further alleged that the no-objection affidavit was forged and claimed that, as the elder sibling, she should be preferred on the basis of seniority, citing judicial precedents in support.
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The State and other respondents defended the insistence on a succession certificate on the ground that it was necessary to determine the rightful heirs. They also argued that the challenge was premature because a civil suit for obtaining a succession certificate was already pending in Ratlam.
Court’s Observation and Reasoning
The High Court found the authorities’ approach to be fundamentally flawed. It noted that a succession certificate is generally meant to enable transfer of movable assets such as bank deposits or securities and to protect institutions from liability.
The Court held:
“Compassionate appointment is not a heritable estate or a property right that devolves by succession, it is a concession granted by the employer to save the bereaved family from sudden Financial destitution. Therefore, insisting on a succession certificate for processing an application for compassionate appointment is arbitrary and without the authority of law.”
On the merits of the competing claims, the Court applied the Compassionate Appointment Policy dated 29.09.2014. Under Clause 2 of that policy, the priority runs first to the surviving spouse, then to the son or an unmarried daughter nominated by the spouse. A married daughter is considered eligible only in limited situations, such as where the deceased leaves behind only daughters and the spouse is alive.
Applying the policy to the facts, the Court observed that Anita Van was a married daughter and had not produced any decree of divorce to establish that her status should be treated differently. Accordingly, it concluded that the son, Ritesh Van, had the superior claim under the policy, noting that he enjoys “statutory priority and comes first, completely superseding the claim of a married daughter.”
The Court further clarified that principles such as seniority are relevant only when rival claimants fall within the same category of eligibility something that did not exist here. Relying on the Supreme Court’s decision in Sarbati Devi & Anr. v. Usha Devi, the High Court explained that while a nominee may act as a custodian of financial assets, that concept cannot be imported into compassionate appointment matters.
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It observed:
“…cannot be conflated with compassionate appointment. Compassionate appointment is not a property to be distributed among heirs; it is a specific scheme governed by its own standalone rules and clauses.”
Result and Directions
Allowing Ritesh Van’s petition and dismissing Anita Van’s petition, the High Court set aside and quashed the communications dated January 23, 2024, and February 6, 2024. It directed the authorities to consider Ritesh Van’s application for compassionate appointment within 60 days.
At the same time, the Court added a protective condition: the authorities were required “as an explicit rider and condition precedent” to obtain an affidavit from Ritesh Van confirming that he would take proper care of his mother and other dependents.
The Court also issued a clear warning:
“It is made clear that in the event the petitioner fails to fulfill this obligation at any point in time, the respondent authorities shall be fully empowered to annul his compassionate appointment after complying the due process of law.”
Case Title: Riteshvan vs. The State of Madhya Pradesh and Others
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