Compassionate job & financial benefit can’t have conflicting clauses: SC

In Haryana, if a family member is accused of murdering a govt servant, then he/she or their family members are not entitled to any compassionate financial benefit till they are cleared of the criminal case, but they are eligible for compassionate employment in lieu of the deceased employee.

Taking exception to this conflict, a bench of Justices Sanjay Karol and N K Singh said the incongruency in the welfare scheme is apparent as the lesser of the relief, that is the financial assistance, is suspended till the person is acquitted in the trial for murder of the deceased employee but is entitled to a bigger relief – permanent public employment.

Writing the judgment, Justice Singh said, “The result, on a plain reading of the Rules of 2019 as they stand, is that a family member who stands accused of complicity in the death of the govt employee cannot receive a monthly monetary payment during the criminal proceedings, but may, on this interpretation, be considered for a permanent govt appointment during the same period.”

“That this anomaly could generate confusion, heartburn, unnecessary litigation, and genuine difficulties in administration is apparent,” the bench said and told the Haryana govt to examine and address this legislative gap by introducing appropriate provisions in the Rules of 2019.


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