Wife got late husband’s job on compassionate grounds, she left mother-in-law alone and remarried; Rajasthan HC orders 25% salary for mother-in-law

In government jobs, there is the concept of compassionate appointment which means that if the service holder dies in harness, his wife or parents or other specific people can get his job. This is done with the aim of helping the family get a regular secure income. However, there was a case in Sikar, near Jaipur, where a widow who got a government job on compassionate grounds, abandoned her late husband’s parents, married someone else and moved away from the matrimonial home.

The husband (Mr Verma) worked for Ajmer Vidyut Vitran Nigam and passed away on March 24, 2017. Following this, the Ajmer Vidyut Vitran Nigam approached the family and told them that according to government rule, one of the family members could get a job in the company on compassionate grounds. After a discussion within the family, it was decided that Late Verma’s wife (Smt Rani) would take the job. His mother and father gave their consent on the premise that she would look after them once she started working.

However, she did not take care of them and instead left them alone and remarried, thus Smt Devi (mother-in-law) had to file a court case.


Also read: Wife gets job on compassionate grounds, leaves in-laws; Court orders Rs 20,000 monthly support to father-in-law

Why did she lose the case?

Advocate Amitraj Kaushal practicing in the Supreme Court of India said to ET Wealth Online: The Rajasthan High Court’s decision was primarily based on the undertaking given by the widow while seeking compassionate appointment and the purpose of the compassionate appointment scheme.

The Rajasthan High Court noted that she had undertaken to maintain the other members of the deceased employee’s family, including his parents. After obtaining the appointment, however, she left the matrimonial home, stopped maintaining her in-laws and subsequently remarried.

Kaushal says that the high court held that having obtained the benefit of compassionate appointment on the basis of that undertaking, she could not completely disassociate herself from the corresponding obligation. The Court also emphasized that compassionate appointment is intended to provide financial support to the family of the deceased employee, and not merely to benefit the widow individually.

Consequently, the high court directed AVVNL to deduct 25% of her monthly salary for the mother-in-law’s lifetime and ordered the deceased employee’s (husband) terminal benefits to be divided equally between the mother and the widow.

Also read: Remarried wife denied late husband's job on compassionate grounds; Kerala HC rules in her favour for this reason

Rajasthan High Court discussion

Justice Anand Sharma of Rajasthan High Court gave this judgement on September 17, 2026.

Once wife got compassionate appointment she cannot abandon in-laws

The Rajasthan High Court observed that a compassionate appointment is meant to provide financial assistance to the family, to help them tide over the crisis following the sudden death of the sole bread earner in the family.

The family does not only include only the widow of the deceased, but also includes his parents and other family members as prescribed under the Rules.

In this case, while applying for compassionate appointment, Verma’s widow had submitted an affidavit promising to look after the other family members.

However, after getting the job, she left her in-laws to face a financial crisis as well as other problems. She moved out and married someone else.

Rajasthan High Court said: “Having availed the benefit of compassionate appointment after giving aforesaid undertaking, she cannot completely disassociate herself from the obligation, which formed the very basis of the compassionate appointment.”

Also read: After teacher's death, married daughter's application for compassionate employment was rejected, she fights back and wins in High Court of Himachal Pradesh

She violated the spirit of compassionate appointment scheme

The Rajasthan High Court said that her subsequent departure from the matrimonial home and remarriage, coupled with the admitted failure to maintain the in-laws, is nothing but apparent violation of the fundamental spirit of the scheme of compassionate appointment.

Rajasthan High Court said: “It cannot be countenanced that, after the death of her husband, the daughter in law, having secured a compassionate appointment in his place, may thereafter abandon her aged in-laws and leave them at the mercy of destiny.”

The Rajasthan High Court also cited the case of Bhagwan Singh Vs. Suptd Engineer Pawas, Ajmer Vidhut Vitran Nigam Limited, reported in 2025 LiveLaw (Raj) 364.

Based on the above discussion, the Rajasthan High Court ruled that Ajmer Vidyut Vitran Nigam Limited will deduct 25% of her regular monthly salary and credit it directly to the bank account of the mother-in-law and pay the terminal benefits equally (50-50) to the wife and the mother-in-law.