Supreme Court Rejects Married Daughter's Claim For Compassionate Appointment As Mother Didn't Support It

The Supreme Court on Tuesday rejected a married daughter's claim for compassionate appointment on account of the death of her father who was in government service, a the widowed mother did not sponsor her name.

A bench comprising Justices Ajay Rastogi and CT Ravikumar noted that as per Rule 2.2 of the Scheme for Compassionate Appointment in Madhya Pradesh as per which the surviving spouse has to sponsor the child for compassionate appointment.

The petitioner had approached the Supreme Court challenging the judgment passed by the Madhya Pradesh High Court in April 2021 upholding the rejection of her application for compassionate job on the ground that her mother had objected to it. The mother had instead sponsored the application of her son for compassionate job.

The petitioner contended that the mother objected to her application as she had filed a suit seeking partition for the family properties. Advocate Dushyant Parashar, appearing for the petitioner, referring to the judgment rendered by a bench led by Justice Sanjay Kishan Kaul in December 2021 in the case The State Of Karnataka & Ors. v. C.N. Apporva Shree & Anr, which held that there should be no discrimination between a married daughter and an unmarried daughter in the matter of compassionate appointments.

"That it is alright, but in your case Rule 2.2 does not support.The problem is Rule 2.2 does not permit as it requires authorisation by the Survivor for grant of compassionate appointment to their son/daughter", Justice Rastogi observed.

Holding that Rule 2.2 came in the way of petitioner's application, the bench dismissed the special leave petition.

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