Calcutta High Court : Daughter-In-Law Bound By Undertaking Given At Time Of Compassionate Appointment To Maintain Mother-in-law

The Calcutta High Court on 20^th January, 2022 (Thursday) observed that a daughter-in-law shall be bound by the undertaking given at the time of obtaining compassionate appointment to maintain and extend medical assistance to her mother-in-law [Durgabala Mandal Vs. State of West Bengal and Others].

A Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that:

"Once the Respondent No. 9 (referring to 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," the Court said.

The Court was hearing the case of an 80-year-old widow, Durgabala Mandal (appellant) whose husband had already died long back and her son Bajadulal Mandal, who was working as a primary school teacher had died in the year 2014.

The daughter-in-law (one of the respondents) had applied for a compassionate appointment in the school and given an undertaking dated 25^th July , 2016, that she will bear the responsibility of all the maintenance and treatment of her mother-in-law (appellant) in future and forever.

Aggrieved, the appellant moved a petition before a single-judge of the Calcutta High Court, but the same was dismissed. The appellant then filed the present appeal before the Division Bench.

While disposing of the present appeal, the Court granted liberty to the appellant to make appropriate representation before the authority (one of the respondents), who has to consider the grievance of the appellant and pass an appropriate order after hearing both parties preferably within two months.