Excluding married daughter from seeking benefit of compassionate appointment is unconstitutional: Karnataka high court

16th Dec

Excluding married daughter from seeking benefit of compassionate appointment is unconstitutional: Karnataka high court

The Karnataka High Court recently held that excluding a married daughter from consideration for appointment on compassionate ground is unconstitutional.
The justice M Nagaprasanna, observed while allowing a writ petition which was filed by a women that, if the marital status of a son does not make any difference in law to his entitlement for seeking appointment on compassionate Grounds, the marital status of a daughter should make no difference, as the married daughter does not cease to be a part of the family and law cannot make an assumption that married sons alone continue to be the part of the family.
One Bhuvaneshwari vs. Puranik had approached the high court challenging the denial of consideration for appointment on compassionate ground on the death of her father over the reason that she is a "married daughter." He contended that the rule 2(1)(a)(i), rule 2(1)(b) and rule 3(2)(i)(c) of the Karnataka civil services (appointment on compassionate Grounds) rules, 1996 are ultravires the constitution as it violates article 14 of the Indian Constitution.
In this case, the deceased government servant had a son and a daughter. The son declined the appointment on the ground that he is not willing. The claim made by the daughter was denied on the ground she is married. The court noted that, the factor of dependency which is the key to grant or deny compassionate appointment is not even considered in the case at hand since the definition of "dependants" and "family" exclude the daughter who is married.
The court observed that, the rules create division of the same object of appointment on the basis of gender by granting appointment to a son without any qualification and denying the same to a daughter with the qualification of "marriage" cannot but be held to be discriminatory.