No Compassionate Appointment To Married Daughter Residing With Husband: Karnataka High Court
The Karnataka High Court has dismissed the appeal preferred by the married daughter of a deceased LIC employee seeking compassionate appointment.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit observed that the appellant was married long before her father's death and was in any case residing with her husband.“Our scriptures injunct "bharta rakshati...
The Karnataka High Court has dismissed the appeal preferred by the married daughter of a deceased LIC employee seeking compassionate appointment.
A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit observed that the appellant was married long before her father's death and was in any case residing with her husband.
“Our scriptures injunct "bharta rakshati yavvane…" literally meaning that it is the duty of husband to provide maintenance to his dependent wife. That is how our legislations too are structured e.g., Section 125 of the Code of Criminal Procedure, 1973 (applicable to all regardless of religions), Sections 24 & 25 of the Hindu Marriage Act, 1955 (applicable to Hindus, in a broad sense of the term), Section 37 of the Divorce Act, 1869 (applicable to Christians), Section 40 of the Parsi Marriage and Divorce Act, 1936 (applicable to Parsis), Section 20 of the Protection of Women from Domestic Violence Act, 2005 (applicable to all persons regardless of religion and marital status), Sections 36 & 37 of the Special Marriage Act, 1954, The Muslim Women (Protection of Rights on Marriage) Act, 2019 (applicable to Muslims wives), etc., have been structured,” it observed.
Court further said no binding rule was brought to its notice which guarantees right of maintenance to a married daughter qua the father, while she is residing with her husband.
The appellant had argued that even a married daughter is entitled to compassionate appointment on par with a son of an employee, dying in harness.
The court noted that the LIC Recruitment of Staff Instructions vide Clause 21 (ii) exclude a married daughter from being eligible for appointment on compassionate basis. "These Instructions having the statutory flavour partake the character of subordinate legislation. In the absence of any challenge being laid to their validity, there is a presumption that they are valid and enforceable,” it held.
The bench also noted that right to claim compassionate appointment is conditioned by the fact that the family of the employee dying in harness is in financial distress. In this case however, Court noted that LIC has paid the terminal benefits of the deceased employee in a whopping sum of Rs.1,58,06,025.
"By no stretch of imagination, the members of the family, assuming that a married daughter too happens to be one, therefore, cannot argue of financial distress,” Court said and dismissed the appeal.
Appearance: Advocate Mahabalesh K Patil for Advocate Vijeta R Naik for Appellant.
Citation No: 2023 LiveLaw (Kar) 382
Case Title: Megha J And Life Insurance Corporation of India
Case No: WRIT APPEAL NO. 891 OF 2023
Date of Order: 27-09-2023.