In Jaipur, Ayushi Sharma is accused of conspiracy to murder her mother. According to the police, the motive was government job and property. Know the rules of Compassionate Appointment Scheme and what the law says in such cases?
Ayushi Sharma Jaipur Case: When the lust for a government job and ancestral property comes to the fore, even blood relations turn into water. A hair-raising case has come to light from the pink city of Jaipur, which has not only shocked human sensibilities but has also raised a big question before the service law of the country. A 23-year-old daughter conspired to murder her own mother. But the biggest suspense is this: Will this daughter, who shed her mother’s blood, be able to get the government job of her mother’s clerk in the court, for which she played this bloody game?
Devastation of speed or deliberate death? That dreadful truth of 3rd July
On July 3, Pratap Nagar area of Jaipur was busy as always. 45-year-old Neeraj Sharma was returning home after dropping his son at the coaching centre. Then suddenly an uncontrolled Mahindra Scorpio SUV coming from behind hit him so hard that his body jumped in the air and fell about 100 feet away. The vehicle, which was running at a speed of about 130 km/hour, did not even give Neeraj a chance to recover and he died on the spot. Initially the police treated it as a common ‘hit-and-run’ road accident. But, there was such a deep and dreadful conspiracy hidden behind this accident, which even the police themselves had not imagined.
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When the finger of suspicion was raised… and CCTV revealed ‘black secret’
The twist in the story came when the deceased’s brother Rakesh expressed doubt on this ‘accident’. He told police that the family had a long-standing history of bitterness and aggression over money and property. After this, a special investigation was started under the leadership of DCP Ranjita Sharma of Jaipur East Police. When the police started scanning the CCTV footage of the area, they were shocked. That Scorpio car was keeping a close watch on every movement of Neeraj Sharma for the last one month. This was not an accident, but a web of death that was being woven for three months, the mastermind of which was none other than Neeraj’s own 23-year-old daughter Ayushi Sharma.
Father’s chair and betel nut worth ₹7 lakh: The ‘villain’ within the house
The truth that came out in the investigation surprised even the police. About a year ago, Ayushi’s father Vijay Kumar Sharma, who was a Lower Division Clerk (LDC) in Jaipur Court, passed away. After his death, that job went to his wife Neeraj Sharma under the ‘Compassionate Appointment Scheme’. Ayushi was furious as to why her mother got that job and ancestral property. Due to this hatred, he along with his uncle Mohan Swaroop and cousin Balram (aka Ravi) made a plan to remove his mother from the way. A contract of ₹7 lakh was given to professional criminals of Bharatpur. First he tried to crush Neeraj with Mahindra Thar, but after failing, he finally committed this heinous murder with Scorpio. Police have so far arrested 7 people including Ayushi, while cousin Balram is still absconding.
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‘Compassionate Appointment’ law: Can a murderer take advantage of the scheme?
Now the biggest legal question arises whether Ayushi can claim the government job that became vacant after the death of her mother? Does Indian law allow this? The simple and straightforward answer is: absolutely not.
After all, what is the Compassionate Appointment Scheme?
The main objective of the ‘Compassionate Appointment Scheme’ in India is to save the family which has lost its earning member from immediate financial crisis. This scheme is for Group ‘C’ and ‘D’ posts only and is offered against a maximum quota of 5% of the total regular vacancies. But there is a fundamental principle of law – “No criminal can take advantage of his own crime.” Indian law (in line with the principles of Section 25 of the Hindu Succession Act) makes it clear that if a person commits or conspires to commit murder in order to obtain inheritance or benefit, he becomes completely ineligible for all those benefits. Ayushi, who is facing criminal charges, no longer has any legal claim on this job.
Supreme Court’s tough stance: ‘Heritage’ is not a government job
This case has broken another big confusion related to compassionate appointments. The Supreme Court of India has made it clear in several decisions that the job given on compassionate grounds is not a ‘family right’ or ‘inheritance’ which one member after another keeps asking for. Once a family member (like mother Neeraj Sharma in this case) accepts the job and starts working, the responsibility of the scheme ends there. After this the job becomes a normal government job. Now, after the death of that employee, the post cannot automatically be transferred to his children, unless a new case of extreme poverty and extreme hardship is proved.
Investigation continues, court’s decision pending
This case of Jaipur is currently under investigation and judicial process. Police have arrested several accused, while the search for a suspect is ongoing. Only the court will decide the final conviction or innocence. At present, this case is not just an alleged family conspiracy, but is also raising serious debates on the legal and ethical aspects of a sensitive government scheme like compassionate appointment. If the police allegations are proved in the court, it will be considered almost impossible in law for the accused to claim a government job or any benefits associated with it. This horrifying incident has made it clear that for the sake of the government job and wealth for which Ayushi had stained her hands with her mother’s blood, the law has ousted her forever from the same job and society. Now his destination will not be that clerk’s chair in the court, but the bars of the jail.