Father job and mother pension

Question

► My self Sakalamukhi Bhaskar , age 31 , from Odisha State , District - Gajapati , Po/Ps - Paralakhemundi . My Father late Sakalamukhi Bhuban has two wives • Wife 1 = Late Sakalamukhi Santhi • wife 2 = Sakalamukhi Narasamma For first wife late Sakalamukhi Santhi has two children • Child 1 = Daughter Sakalamukhi Radha • Child 2 = Son Sakalamukhi Bhaskar For second wife Sakalamukhi Narasamma has two children • Child 1 =Son Sakalamukhi Gangadhar • Child 2 = Daughter Sakalamukhi Rajeshwari Late S.Bhuban is a municipality sweeper , late S.Santhi also a municipality sweeper and my step - mother Sakalamukhi Narasamma was Housewife. On 15/07/2010= my Father died during his job and on 20/09/2017 = my mother also died after his retirement . Before my death she got pension after his death the pension was stopped and for my father job we didn't try anyone but my father pension was transferred to my step-mother Sakalamukhi Narasamma. My query is that I am a Sickle cell disability person and done my graduation also , will I am eligible for my father job from compassionate grounds and will my mother's pension transferred to my name by Family pension Scheme because I am independent my sister also married and I am sickle cell disability person of 50% . For this two purpose there is no objection from my Sister and from my step - Mother and from his two children.

Answer 1

Dear Client,

As a sickle‑cell‑disability beneficiary and graduate, with no objection from your sister, step‑mother, and her children, you likely have a strong case for compassionate appointment in your father’s municipality/service under Odisha’s compassionate appointment scheme, which allows eligible dependent family members (including disabled dependents) of a deceased government employee to be considered for employment on humanitarian grounds. You should apply on the standard compassionate appointment form (often available with the municipality, District Administration, or online/Government portals), attaching death certificates of both parents, disability certificate, graduation proof, income proof, and a joint NO‑objection certificate from your family members, and submit it to the municipality/employer where your father worked and the District Collector (Nodal Officer for compassionate appointments in Odisha), who then forwards your case to the competent authority.

Regarding your mother’s pension, since your father’s pension is already being paid to your step‑mother as the family pension beneficiary, a second family pension from the same deceased normally cannot be created in your name. However, you can ask the Pension Sanctioning Authority (municipality/Finance Dept) whether you can be considered as a dependent family member for a portion of family pension in your case because of your disability and independence, and if they refuse, you can seek relief through the District Consumer Forum or writ before the Orissa High Court, as the compassionate scheme cases and pension rules there have shown a humane approach towards disabled dependants in service death cases.

I hope this helps and if you have any further issues do not hesitate to contact us.

Answer 2

Your case has two parts, but legally the stronger and more practical option is to pursue family pension rather than compassionate appointment. Since your father passed away in 2010, claiming a job on compassionate grounds now is very unlikely to succeed because courts have consistently held that such appointments must be sought within a reasonable time to address immediate financial hardship, and a delay of more than a decade usually leads to rejection regardless of disability or family consent. However, your claim for family pension is much stronger: as a 50% sickle cell disability person, you fall under the category of a “disabled dependent son,” and under pension rules, such children are eligible for family pension for life if they are unable to earn a livelihood and are dependent, with no age limit restriction. The main legal condition is that your stepmother, being the current pension recipient, has the first right while she is alive; only after her entitlement ends can the pension be transferred to an eligible child. Given that your sister is married and all family members have no objection, you have a strong claim, provided you can prove your disability and dependency through proper certificates. You should submit a formal application with all documents to the municipality office or district pension authority, and if there is delay or rejection, you can escalate the matter through administrative representation, a legal notice, or by filing a writ petition before the Orissa High Court, where courts generally protect the rights of disabled dependents in pension matters.

Answer 3

Dear Sir,

In practical terms, you should approach the municipal office where your father was employed and submit a representation along with (i) disability certificate, (ii) legal heir details, (iii) no-objection affidavits from your sister, step-mother, and her children, and (iv) proof of unemployment. For compassionate appointment, you may still apply, but you should be prepared for rejection due to delay. For family pension, your chances are comparatively better if you meet the disability and dependency criteria.

In summary, compassionate appointment is unlikely due to long delay, but family pension may be possible if you can prove dependency and disability affecting your livelihood, supported by proper medical certification and family consent.

Father job and mother pension

3 Answers