The Supreme Court has taken exception to an inconsistency in Haryana's compassionate benefits rules for families of deceased government employees. Under the rules, if a family member is accused of murdering the government servant, they or their family are not entitled to any compassionate financial benefit until cleared of the criminal case. However, they remain eligible for compassionate employment in lieu of the deceased employee.
Court Highlights Anomaly
A bench of Justices Sanjay Karol and N K Singh observed that the incongruency in the welfare scheme is apparent. The lesser relief—financial assistance—is suspended until acquittal, but a bigger relief—permanent public employment—is still available.
Writing the judgment, Justice Singh stated: “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 government employee cannot receive a monthly monetary payment during the criminal proceedings, but may, on this interpretation, be considered for a permanent government appointment during the same period.”
Potential for Confusion and Litigation
The bench noted that this anomaly could generate confusion, heartburn, unnecessary litigation, and genuine difficulties in administration. The court directed the Haryana government to examine and address this legislative gap by introducing appropriate provisions in the Rules of 2019.
