'Widowed Daughter' As Dependent Family Member: Allahabad HC Allows Compassionate Appointment Plea Of Deceased BSNL Employee’s Widowed Daughter
The Allahabad High Court held that a ‘widow daughter’ of a deceased employee who was dependent upon her deceased father or mother on the date of his/her death is included as ‘Dependent Family Member’ in the Scheme for Compassionate Appointment.
The High Court also held that the respondent-BSNL could not have declined to consider the application of the petitioner for compassionate appointment merely because the petitioner was a widowed daughter on the date of death of her father.
The Division Bench comprising Justice Om Prakash Shukla & Justice Rajan Roy held, “Thus, this Court finds that it is clear as a cloudless sky that any action/clauses of the policy which deprives a widowed daughter from a right of consideration for compassionate appointment if she was dependent upon her father, the deceased employee would run contrary to Article 14, 15, 16 read with 39A of the Constitution of India.”
The Petitioner had approached the High Court challenging the judgment of the Central Administrative Tribunal, Lucknow Bench (Tribunal), whereby Original Application filed by the petitioner claiming compassionate appointment on the basis of being a widow daughter was dismissed. The petitioner also challenged the direction/instructions issued by the Assistant General Manager (Recruitment), Bharat Sanchar Nigam Limited, Telecom (East) U.P. Circle, Lucknow (respondent No.2) to the effect that the widow daughter of the deceased employee cannot claim compassionate appointment.
The incident is of the year 2011 when the petitioner’s father died in harness while working on the post of T.O.A. (T.L.) in the office of General Manager (Telecom). He left behind his wife, four daughters including the petitioner and a son. In the year 2016, the petitioner moved an application seeking appointment on compassionate ground. She had also given a notary affidavit to the effect that after the death of her husband, she was living with her father along with her minor son and further if she was given appointment on a suitable post, she will look after the heirs of her deceased father.
However, the Assistant General Manager (HR), intimated to the petitioner that a widowed daughter is not listed in the eligibility criteria of the guidelines circulated by its Circle Office, therefore, no action on her application for compassionate appointment was required to be taken. The Tribunal also rejected her Original Application which led to filing of the present writ petition.
It was the Petitioner’s case that as a widowed daughter she did not lose the status of being a 'daughter' of her father/parent and after death of her husband she was dependent upon her father for subsistence, as such, she would come under the definition of family. It was also contended that the petitioner’s case was never placed before the Circle High Power Committee as mandated by guidelines of the respondents.
On the contrary, the Respondents argued that the the impugned order passed by the Bharat Sanchar Nigam Limited (BSNL) is based on Note ‘1’ of Memorandum dated October 9, 1998, by virtue of which, the meaning of ‘Dependent Family Member’ as per the Scheme for Compassionate Appointment under The Central Government issued by Department of Personnel Training (DoPT) is mentioned, wherein a ‘widow daughter’ of deceased employee is not included as ‘Dependent Family Member’ of the deceased employee.
The main issue before the Bench was whether a "widow daughter" of a deceased employee is a ‘Dependent Family Member’ or not, so as to be eligible for appointment on compassionate ground.
After referring to a catena of judgments, the Bench said, “The common string running through the aforesaid judgments of various High Courts is that they have given purposive and expansive interpretation to the meaning of the term 'family member'. The High Courts have risen to the occasion to include even married daughters within the meaning of family of dependent.”
Going through the Scheme in question, the Bench noted that the word 'daughter' used in the scheme is not preceded by the word 'unmarried' just as the word 'son' used in the scheme is not preceded by the word 'unmarried'. As per the Bench, the absence of such prefix gives a reasonable basis to conclude that this definition does not exclude a 'married daughter', especially as the definition is an inclusive one, therefore, it has to be given an expansive meaning keeping in mind the object sought to be achieved. The Bench said “...we have no hesitation to hold that the words 'daughter (including adopted daughter)' occurring in Note-I of the Guidelines dated 09.10.1998 includes a married daughter, the only caveat is that such married daughter should be dependent upon her father/mother on the date of his/her death.”
As per the Bench, even after marriage as also after her widowhood, she continues to be his daughter and her status as such continues even at the time of death of her father. Her widowhood occurred prior to the death of her father, therefore, she was for all legal and practical purposes daughter of late Om Prakash Bhakta although a widowed daughter, on the date of his death.
“Consequently, this Court holds that a 'widowed daughter' would be covered in the definition of 'daughter' contained in Note-I of the Guidelines dated 09.10.1998 if she was dependent upon her deceased father or mother on the date of his/her death. The question of dependency is one of fact which is to be determined by the authorities. If such widowed daughter was not dependent upon her father then she would not be entitled to compassionate appointment under the guidelines”, it held.
Thus, allowing the original application, the Bench directed the competent authority to consider the claim of the petitioner for compassionate appointment in accordance with the weightage point system prevalent and in doing so she shall be assigned points accordingly and her claim shall not be rejected on the ground that she was married or widowed daughter.
Cause Title: Punita Bhatt Alias Punita Dhawan v. Bharat Sanchar Nigam Limited (Bsnl) New Delhi [Neutral Citation- 2024:AHC-LKO:77237-DB]
Appearance:
Petitioner: Advocates Pankaj Kumar Tripathi, Bhavini Upadhyay, Sandhya Dubey
Respondent: Advocates Pratul Kumar Srivastava,Gyanendra Singh Sikarwar.
