The Madhya Pradesh High Court has ruled that compassionate appointment is not a heritable property right. In a dispute between a son and a married daughter over a government employee's job after his death, priority went to the son. The court deemed the demand for a succession certificate arbitrary.
On May 4, the Madhya Pradesh High Court ruled that compassionate appointment is not a heritable estate or property right that devolves by succession, but a concession to protect a bereaved family from immediate financial crisis. Justice Jai Kumar Pillai heard pleas from a son and married daughter of a driver at Ratlam District Hospital who died on June 22, 2020.
The son applied in December 2021, but his sister also claimed the job as a legal heir. Authorities issued letters in January and February 2024 requiring a succession certificate. The court stated, “Compassionate appointment is not a heritable estate or a property right that devolves by succession. It is a concession granted by the employer to save the bereaved family from sudden financial destitution.”
It held that no succession certificate is needed for such appointments and insisting on one is arbitrary and without legal authority. Under the 2014 policy, the son holds priority over the married daughter; a 2023 amendment equalizing married and unmarried daughters does not apply as the death was in 2020. The daughter's claim of separation from her husband lacked proof like a divorce decree.
