Himachal Pradesh: High Court Grants Compassionate Employment To Married Daughter

In a first, the Himachal Pradesh High Court has allowed the petition of a married daughter of a deceased government employee for compassionate employment. The bench said the petitioner, if eligible as per the criteria prescribed in the compassionate employment policy, should be given a generous application irrespective of her marital status. This case stands as an exception to the compassionate employment policy terms that bars married daughters of deceased government employees from seeking appointment.

When Mamta Devi moved the court, the judges observed that by rejecting the application of the petitioner, the very objective of appointment on compassionate grounds stands invalid, defeating the purpose of the policy. The bench said that the purpose of the policy "was not only social welfare but also to support the family of an employee who dies in harness," as reported by the Times Of India. The sole purpose of compassionate employment was to support the family of the deceased financially.

Petition rejected on the basis of the marital status of a daughter

The High Court bench, comprising Justice Sureshwar Thakur and Justice Chander Bhusan Barowalia, passed the orders in favour of petitioner Mamta Devi. As per reports, Devi's late father was a Class-IV government employee in the district ayurvedic office in Kullu, Himachal Pradesh. Her father died on duty, survived by a wife and two daughters, including Devi. Devi had applied for employment on a compassionate basis, complete with supporting requisite affidavits, as her sister and mother were unwilling to work. However, her application was rejected on grounds that don't grant a married daughter of a deceased government employee job assistance as per the compassionate employment policy.

Also Read: Unmarried Granddaughters To Finally Get Land Rights In UP

When the marital status of son doesn't matter, it should be such for daughter too: Court

The court further observed that when the marital status of a son of a deceased employee doesn't matter when granting employment, then it would be unlawful to consider the discriminatory factor into the decision when it comes to a woman. Therefore, the court said that when there is no male child in the family and Devi is not facing any objection from the sister and mother, then she can't be deprived of the compassionate appointment.

Also Read: Father Must Maintain Unmarried Hindu Daughter says Supreme Court

Earlier, the Punjab and Haryana High Court Justice Augustine George Masih said that denial of compassionate appointment to a married daughter was a discriminatory approach. Masih said that the word "unmarried" must be struck down in the instructions as the mere marital status deprives the daughter of her rightful compassionate employment.

Recently, a new Supreme Court ruling said that an unmarried Hindu daughter is to be maintained by the father till the time she is married. However, to claim maintenance, the daughter must prove her inability to maintain herself. Read more about it here.

Shikha Chandra is an intern with SheThePeople.TV