Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court

The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their fathers while in service.

While granting relief to a lady, who was denied compassionate appointment on the ground of her marriage pursuant to the application, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held –

“…the yardstick for extending the benefit of compassionate appointment should be dependency of the dependents on the deceased Government Servant and the marital status of dependent should not be an impediment for his/her consideration on compassionate ground to provide support to suffering family on account of loss of an earning member in the family.”

Brief Facts

The father of the petitioner was appointed as the Physical Education Teacher (PET) in CRS High School, Tihidi. While he was serving as such, he died in service on 01.08.2004. Pursuant to his death, the petitioner being one of his legal heirs, i.e. unmarried daughter made application on 26.07.2005 for appointment under the Rehabilitation Assistance Scheme.

About one year after her application, she got married. When the information about her marriage came to the knowledge of the opposite party authorities, they denied appointment to the petitioner citing a government letter which prohibited married daughters from availing the benefits of compassionate appointment.

Being aggrieved by such decision of the opposite parties, the petitioner was constrained to approach the High Court impugning the rejection of her application.

Court's Observations

The Court, at the outset, observed that the issue is no more res integra as the Court has already in Basanti Nayak v. State of Orissa held that refusal to grant benefit to 'married daughter' for consideration of compassionate appointment is illegal and arbitrary.

The Court further held that dismissal of the candidature of a married daughter for compassionate appointment under the Rehabilitation Assistance Scheme is not justifiable as it is arbitrary and violative of constitutional guarantees as envisaged in Articles 14, 15 and 16(2) of the Constitution.

“A daughter after her marriage doesn't cease to be daughter of the father or mother and obliged to maintain their parents and daughter cannot be allowed to escape her responsibility on the ground that she is now married, therefore, such a policy of the State Government disqualifying, a 'married' daughter and excluding her from consideration apart from being arbitrary and discriminating is a retrograde step of State Government as welfare State, on which stamp of approval cannot be made by this Court,” it added.

In view of above position, the Court held that the petitioner could not have been denied the benefit under the Rehabilitation Assistance Scheme when it is apparent that there exists no other reason for dismissal of application except that she married pursuant to her application.

It was accordingly directed that the application of the petitioner be considered from the day of her application was considered for the first time.

“Since about eleven years have passed when the applicant applied for appointment under Rehabilitation Assistance Scheme and many years have been spent in litigation, in the interest of justice and fair play, the age of the petitioner shall not be a factor to consider her for a suitable job under the Rehabilitation Assistance Scheme by the authority,” it further ordered.

Case Title: Seemarani Pandab v. State of Odisha & Ors.

Case No.: RVWPET No. 416 of 2023

Date of Judgment: February 08, 2024

Counsel for the Petitioner: Mr. Chiranjeev Bidyabhushan, Advocate

Counsel for the Respondents: Mr. Gyanaranjan Mohapatra, Addl. Standing Counsel

Citation: 2024 LiveLaw (Ori) 15

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