After a widow submitted an undertaking, signing an affidavit, that she will take proper care of her aged mother-in-law, the Bombay High Court at Aurangabad has recently ordered a local Zilla Parishad to take her application seeking compassionate appointment into consideration.
However, the bench of Justices Ravindra Ghuge and Shivkumar Dige said that if the applicant fails to take proper care of her 74-year-old mother-in-law as given in the undertaking, then her compassionate appointment will be open to cancellation.
The bench said that the affidavit is sufficient to indicate that Usha Giri, the applicant, will take care of her mother-in-law. “The affidavit-cum-undertaking filed by the petitioner (Usha) is sufficient to indicate that she would take care of the mother-in-law. Naturally, after getting the compassionate appointment, if the petitioner ill-treats the mother-in-law or deserts her, there is a provision in the Government Resolution that such compassionate appointment can be taken away,” the Court said.
Giri’s husband, an employee of the Zilla Parishad school, passed away in August 2015 and in October that year, she filed an application before the relevant authorities seeking a compassionate appointment. However, her mother-in-law raised an objection to her application accusing her daughter-in-law of harassment and ill-treatment.
In view of the mother-in-law’s objections, the Zilla Parishad had rejected Giri’s application.
Giri had then filed a petition before the High Court challenging a February 13, 2020 decision of the Zilla Parishad in the district, rejecting her application for compassionate appointment.
The Court had then suggested her to take proper care of her aged mother-in-law. In her affidavit filed on April 8, 2022, Giri said, “As my widowed mother-in-law is dependent upon me along with my 10 years old daughter, I would ensure that the mother-in-law is well taken care of.”
While advocate T M Tandale appeared for Usha, the state and the Zilla Parishad were represented by additional government pleader K N Lokhande and advocate R S Devdhe, respectively.
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