State Policy On Compassionate Appointments For Married Daughters Illegal And Unjust: Andhra Pradesh HC
|The Andhra Pradesh High Court called the state government's policy that makes it tough for married daughters to avail appointments on compassionate grounds as "illegal and unjust".
The Court allowed the Writ Petition filed by a married woman seeking to appointed in her father's place, who worked as sweeper at a temple before his death, leaving behind two daughters. Her claim for compassionate appointment was rejected after she could not produce a divorce decree, or a dependence certificate.
A 1999 Government Order allows a married daughter to avail appointment on compassionate grounds only when she has no other siblings, the spouse of the deceased is not willing to avail the compassionate appointment and that she was dependent on the deceased before their death, subject to other conditions issued from time to time.
A Single Judge Bench of Justice K Manmadha Rao said for the State Government to incorporate “such clause in eligibility criteria discriminating the daughters who are... married appears to be illegal and unjust" adding that both sons and daughters remain "part of the family of their parents for the entire life."
Advocate D.V. Sasidhar appeared for the petitioner-woman. Advocate K. Madhav Reddy appeared for the respondents.
The petitioner-woman submitted she was deserted by her husband and was solely dependent on her father before he died. Her claim before the respondents was rejected since she could not produce a divorce decree granted by a competent court or a certificate proving that she was dependent on her father before his death.
The Court noted that similar eligibility criteria do not exist for sons, whether married or unmarried and that married daughters are discriminated against solely on the ground of their marriage status. "Showing discrimination towards married daughter because she is... married as and when there is no such ineligibility applicable to a married son appears to be arbitrary and discriminatory."
The Court also cited judgments by the High Courts of Karnataka, Himachal Pradesh, Uttarakhand, Allahabad, Madras and Bombay on the subject of eligibility of marriage daughters for appointment on compassionate grounds. The Karnataka High Court, while dealing with a similarly discriminatory eligibility criteria for appointment on compassionate grounds, had held, "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 seize 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.”
The Court concluded that it "deems fit to allow the present Writ Petition" while declaring the respondents' refusal to grant appointment to the petitioner-woman on compassionate grounds in place of her father as "illegal and arbitrary". The Court directed that she be appointed as a sweeper or in any suitable post from the date of her father's death with all service benefits. However, the Court said she was not entitled to claim monetary benefit as "she was not appointed to the post on the principle of 'no work-no pay'.
Cause Title: Siripalli Ammulu v. The State Of Andhra Pradesh and Others [Neutral Citation APHC:010122462021]
Appearance:
Petitioner: Advocate D.V. Sasidhar
Respondents: Advocate K. Madhav Reddy, Assistant Government Pleader for Services and Assistant Government Pleader for Endowments
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