CHENNAI:
Why is it that a married daughter of a deceased government employee is not
eligible for appointment under compassionate grounds while a married son is
eligible, Madras high court has wondered.
Ruling in favour of a complainant on Thursday,
Justice D Hariparanthaman said: "There cannot be any discrimination
between a married son and a married daughter.... Making discrimination between
a son and a daughter on the ground of marriage is arbitrary and violative of
fundamental right to equality."
The matter relates to a writ petition filed by
P R Renuka, stating that her father, an office assistant working in the animal
husbandry department, died while he was in service in February 1998. He left
behind his wife and three married daughters, besides an unmarried
daughter.
Since Renuka was the eldest among them, and
also because she had been deserted by her husband and living with her father at
the time of the latter's death, she sought employment under compassionate
grounds. She also furnished a copy of her divorce decree dated September 9,
1999.
The authorities rejected her plea on September
16, 2002 stating that she was not entitled for a compassionate appointment
because she was married.
Noting that her divorce came after her father's
death, the government informed the court that only an unmarried daughter and or
one who was a divorcee at the time of her father's death were eligible for
appointment under compassionate grounds.
Rejecting the contention, Justice
Hariparanthaman pointed out that the woman had stated that even before her
father's death, she had been living with her parents. Also, the only reason
given by authorities to reject her claim to appointment was because she was
married.
"When she has come with a plea that she
was deserted by her husband and a decree of divorce was granted, and that she
was under the care and control of her father at the time of his death, the
government cannot deny compassionate appointment on the ground that the divorce
was obtained after the death of her father," said Justice
Hariparanthaman.
Quashing the rejection order, the judge then
directed the authorities to provide a compassionate ground appointment to
Renuka in eight weeks.
Source :timesofindia
