Married Daughters Cannot Be Denied Compassionate Appointment Under Rehabilitation Assistance Scheme: Orissa High Court

Justice Dr. S.K. Panigrahi held that the refusal to grant benefit to the married daughter for consideration of compassionate appointment is void and inoperative.

In this case, the Petitioner-married daughter of the deceased-father had challenged the order issued by the Inspector of Schools, Bhadrak Circle, whereby the Petitioner assailed the action of the opposite parties in not issuing the appointment order of recruitment to Class-III Non-Teaching Posts under the Rehabilitation Assistance Scheme even though the case of the Petitioner was recommended for appointment.

The Petitioner's father while working as a Primary school teacher died n harness leaving behind his widow and two daughters. The Petitioner (married) is the elder daughter and has +2 Arts qualification. Upon her father's death, the Petitioner applied for appointment to the post of Class-III Non-teaching staff under the Rehabilitation Assistance Scheme. On the receipt of the application form, the necessary distress certificate was obtained from the Collector and the case of the Petitioner was recommended for appointment by the Inspector of Schools.

After the list of shortlisted candidates was prepared, the lesser deserving candidates were appointed and the case of the Petitioner was overlooked for appointment under the Rehabilitation Assistance Scheme.

The Petitioner approached the Tribunal against such inaction and was disposed of with a direction to dispose of the representation made by the Petitioner. However, such a claim was rejected by the Inspector of Schools.

Counsel Sameer Kumar Das appeared for the Petitioner while SC Biplaba Mohanty appeared for the Respondent before the Court.

The Court noted that marriage by itself is not a disqualification and impugned policy of the State Government barring and prohibiting the consideration of the 'married' daughter from seeking appointment under the Rehabilitation Assistance Scheme, merely on the ground of marriage, is plainly arbitrary and violative of constitutional guarantees, as envisaged in Articles 14, 15, and 16(2) of the Constitution of India.

Thus, the Court observed –

"As a fallout and consequence of aforesaid discussions, the order dated 08.04.2008 passed by the Inspector of Schools cannot be sustained in the eye of the law and the same is liable to be quashed. As a consequence, thereof, refusal to grant benefit to the 'married' daughter for consideration of compassionate appointment is hereby declared void and inoperative. Hence, the order impugned passed by the authority in rejecting the petitioner's case for compassionate appointment is hereby quashed."

The Court directed the parties to reconsider the claim of the Petitioner for being appointed under the Rehabilitation Assistance Scheme afresh in accordance with law.

Accordingly, the Court allowed the Petition.

Cause Title – Basant Nayak v. State of Orissa & Ors.

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