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Chhattisgarh HC: Compassionate appointee has moral and legal duty to support deceased employee's family

Chhattisgarh HC: Compassionate appointee has moral and legal duty to support deceased employee's family

Time of India11-07-2025
Chhattisgarh high court
RAIPUR: The Chhattisgarh High Court has upheld the Family Court's decision directing a government employee to pay monthly maintenance to his stepmother and step-siblings, observing that compassionate appointment carries not just legal but moral obligations toward the dependents of the deceased.
Dismissing a revision petition filed by Satyam Khakha, a lineman employed by the Chhattisgarh Electricity Board in Jashpur, Chief Justice Ramesh Sinha noted that the applicant had failed to fulfill the promise made at the time of his compassionate appointment—namely, to provide financial support to the family of his deceased father, Surendra Khakha.
The petitioner had challenged a 2018 order by the Family Court, which directed him to pay Rs 1,000 per month to his stepmother, Rukhamani Khakha, and Rs 3,000 each to his minor step-siblings, Anju and Shivam, until they attained adulthood.
Surendra Khakha, who served as a lineman, died in December 2010. Following his death, the Electricity Department offered a job on compassionate grounds. Rukhamani, the widow, issued a No Objection Certificate in favour of Satyam on the understanding that he would take care of the entire family, including her and the children. However, the Family Court found that despite drawing a salary of Rs 30,000–Rs 35,000 per month, Satyam did not honour this commitment.
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In the High Court, the applicant argued that the non-applicants were his step-relations and not legally entitled to maintenance under Section 125 of the CrPC. He also claimed his monthly income was only Rs 14,500 and that his stepmother was financially self-sufficient through pension benefits.
Rejecting these arguments, the High Court observed that 'under the legal objective of granting compassionate appointment, it was considered to be the moral and legal duty of the appointee to provide maintenance to the dependents of the deceased until they became self-sufficient.'
The Court emphasized that Satyam had initially agreed to support the family, but later distanced himself after marriage and ceased payments even though his income had increased to over Rs 40,000 per month.
Taking into account the social status of the parties and the rising cost of living, the Court concluded that the Family Court's award of Rs 7,000 per month in total maintenance was reasonable and not 'shockingly on higher side.'
The High Court thus found no illegality or irregularity in the Family Court's order and dismissed the revision petition.
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