In Umesh Kumar Nagpal v. State of Haryana (1994) 4 SCC 138.
, the Hon'ble Supreme
Court has discussed in detail regarding the object of compassionate
appointments in dying in harness case. The Supreme Court observed:
"The whole object of granting compassionate employment is
thus to enable the family to tide over the sudden crisis. The
object is not to give a member of such family a post much
less a post for post held by the deceased. What is further,
mere death of an employee in harness does not entitle his
family to such source of livelihood. The Government or the
public authority concerned has to examine the financial
condition of the family of the deceased, and it is only if it is
satisfied, that but for the provision of employment, the family
will not be able to meet the crisis that a job is to be offered to
the eligible member of the family. The posts in Classes III
and IV are the lowest posts in non-manual and manual
categories and hence they alone can be offered on
compassionate grounds, the object being to relieve the
family, of the financial destitution and to help it get over the
emergency. The provision of employment in such lowest
posts by making an exception to the rule is justifiable and
valid since it is not discriminatory. The favourable treatment
given to such dependant of the deceased employee in such
posts has a rational nexus with the object sought to be
achieved, viz., relief against destitution. No other posts are
1 (1994) 4 SCC 138.
37
expected or required to be given by the public authorities for
the purpose. It must be remembered in this connection that as
against the destitute family of the deceased there are millions
of other families which are equally, if not more destitute. The
exception to the rule made in favour of the family of the
deceased employee is in consideration of the services
rendered by him and the legitimate expectations, and the
change in the status and affairs, of the family engendered by
the erstwhile employments which are suddenly upturned."
2) after remarriage you would still be liable to take care of your deceased husband parents as they were dependent on their son