The Calcutta High Court in its order dated January 20, 2022 observed that the daughter-in-law is bound by the undertaking given while obtaining a compassionate appointment to maintain and extend medical assistance to the mother-in-law.
A Bench comprising Chief Justice Prakash Shrivastava andRajarshi Bharadwaj observed,
Once the respondent no. 9 (daughter-in-law) had obtained the compassionate appointment by giving an undertaking as above to maintain and extend medical assistance to the appellant, then she is bound by that.
Case:
The Court was adjudicating upon a plea moved by an 80-year-old widow (appellant) whose husband had passed away a many years ago. Her son Bajadulal Mandal who was working as a Primary School Teacher had also unfortunately passed away on October 14, 2014.
Thereafter, the widow daughter-in-law (respondent no.9) had applied for a compassionate appointment in the school and had also given an undertaking dated July 25, 2016, stating that she will bear the responsibility of maintaining and providing medical assistance to her mother-in-law in the future.
During the proceedings, the counsel appearing for the appellant pointed out that the only surviving son of the appellant is unemployed and he was not in a position to look after her. The counsel further contended that once the appointment on compassionate ground was obtained by the daughter-in-law by giving an undertaking before the authorities that she will maintain the appellant then at this stage, she cannot turn around and ignore the appellant.
The said affidavit by daughter-in-law while obtaining employment after her husband’s demise, clearly states as under:
- That my husband Braja Dulal Mandal died on-14/10/2014 and he has an employee as a Primary School Teacher
- That I do hereby declare that in the event of my Appointment as a Clerk (C-Group) under the Government of West Bengal on compassionate ground, I shall be bound the entire responsibility along with all maintenance with treatment of my mother-in-law Srimatya Durga Bala Mandal in future and forever
Writ Petition
In the instant case, the appellant had initially filed a writ petition which was disposed of by order dated September 18, 2017, with liberty to the appellant to file a detailed representation before the District Inspector of Schools and with a direction to the District Inspector of Schools to decide the representation.
However, the representation of the appellant dated November 14, 2017, was dismissed by the District Inspector of Schools (PE) by order dated December 14, 2017, which led to the appellant filing another writ petition in 2018 wherein the Court had permitted the appellant to file a fresh representation and had directed the appropriate authority to consider the same.
On receiving no response to the representation filed, the appellant approached the Court again however a Single Bench had dismissed the plea by taking the view that the appellant’s other son (who was alive) aged about 37-years is in a position to look after her. Thereafter, the instant appeal had been filed.
Calcutta High Court
Taking cognizance of the grievance raised, the Court disposed of the plea by directing,
In these circumstances, we dispose of the present appeal granting liberty to the appellant to file an appropriate detailed representation before the respondent no. 6 who will duly consider the grievance of the appellant and pass an appropriate order after giving an opportunity to the appellant and the respondent no. 9 in accordance with law as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order along with the representation.
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