Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination.A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced...
The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination.
A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced by families following the demise of a family member.
In this case, it observed that petitioner's plea regarding the financial circumstances of her husband and his inability to maintain her cannot serve as grounds for compassionate appointment.
"Such pleas, although sympathetic, are not germane to the eligibility criteria for compassionate appointment, which primarily revolves around the immediate financial crisis faced by the family following the demise of the deceased."
Court thus dismissed a petition filed by K Lakshmi questioning the endorsement issued by Canara Bank rejecting her application for appointment on compassionate grounds after her father who was serving as a Clerk, died in harness.
The primary contention of the petitioner was that her application came to be rejected on the ground that she is a married daughter. This leads to discrimination on the ground of gender and therefore, contravenes Article 15 of the Constitution, it was submitted.
However, the bank submitted that petitioner's claim is rejected not on the ground that she is a married daughter, but on the ground that she being a married daughter cannot claim as a dependent daughter. Further, it brought on record the terminal benefits received by the petitioner's mother after the demise of her husband.
Referring to clause 3 of the compassionate appointment scheme framed by the Bank which pertains to Dependent Family Members, the court said,
“On bare perusal of the definition of the term “dependant family member”, it nowhere discriminates between a son and a daughter. The scheme clearly contemplates that whether a son or a daughter, needs to be wholly dependant to seek appointment on compassionate grounds...The respondents-Bank, while determining the eligibility of petitioner, having found that she is a married daughter has rejected the application on the ground that she is not wholly dependent on the deceased. While asserting her eligibility and her dependency, if the authority has looked into her marital status, that in itself will not constitute a discrimination...The eligibility for compassionate appointment is contingent upon a demonstration of severe hardship and an inability to maintain oneself or one's family in the absence of the deceased.”
Court further explained that the focus is on identifying individuals who were dependent on the deceased for their day-to-day expenses and who would consequently face significant financial adversity in the absence of the deceased's support.
Considering the specifics of the terminal benefits and pension received by the deceased's wife, the court held “Given the existence of this substantial monthly pension, coupled with the receipt of terminal benefits, it can be reasonably inferred that the financial needs of the deceased's family are being adequately met.”
Accordingly it dismissed the petition.
Appearance: Advocate Avani Chokshi for Petitioner
Advocate T P Muthanna for Respondent
Citation No: 2024 LiveLaw (Kar) 93
Case Title: K Lakshmi AND Canara Bank
Case No: Writ Petition No 27347 OF 2023