Whether married daughter can claim her father’s job based on compassionate grounds

- Authored by Netra Singh

INTRODUCTION

Rights of both married and unmarried daughters have been controversial in Indian culture for a long time. The only difference is that there was a time when women were not aware about their rights and as a result of lack of awareness, they couldn’t claim their rights. Now, the scenario has changed a lot. Many women these days are aware of their rights along with available remedies if their rights are breached. Unfortunately, the thinking or the practice of considering married daughters as not a part of father’s family has become a hindrance in their way to claim their right or benefit which she would have got had she been a boy or son.

Compassionate scheme is all about giving a job to the family of deceased government employee so that they do not suffer financial crunches. In most of the States of India, it is the son whether married or unmarried, who has the first right over his deceased father’s job based on compassionate grounds and not the daughter. If a person has just one daughter and she too is married, then if she wishes to claim her father’s job on compassionate grounds then the government officials prevent her from claiming that right by stating that she is no longer part of her father’s family because now she is part of her husband’s family and only sons have right over the deceased father's job. According to this view, here her mistake is just that she is a married daughter and not a son which declares her to be ineligible for claiming the job.

Few women muster courage and approach the court for their rights to get the job. However, not in all cases women fight and win.

SCHEME OF COMPASSIONATE APPOINTMENT

The aim of the scheme of compassionate appointment is to grant a job to the dependent family member of the government servant who dies in harness or who retires on medical grounds which results in leaving his family in poor conditions and without any source of livelihood. This has the target to provide relief to the family member of the government servant from the financial problems and to deal with the emergency. In the case of compassionate employment, family includes the following wife, husband, son, adopted son, unmarried daughters, unmarried adopted daughters, widowed daughter, widowed sons and brides.

CURRENT POSITION OF MARRIED DAUGHTER WHILE CLAIMING THEIR FATHER’S JOB

Even in the 21st century, married daughters are struggling in the society that they are no longer less than brothers. When a daughter can have her share in her father’s property and held equally liable to maintain her parents whether before marriage or after the marriage then why can’t she get her father’s government job? Many times, several courts have reiterated that when both daughter and son have equal right over the property, both are equally responsible to maintain and look after their parents then why to differentiate when a daughter claims a job on compassionate grounds. Also, the courts have been encouraged to discard such mentality which generates difference.

There are three different cases of three different states which highlight the stand of Indian Courts:

Uttar Pradesh:

“Considering daughter as she is longer part of her father’s family is unconstitutional’’

Manjula Shrivastav’s case[1]

Manjula from Prayagraj after the death of her father applied for compassionate appointment. The District Education Department in June 2020 rejected the application saying that she is the daughter of the deceased government official and her appointment will violate the provisions of Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 because she is married.

The court upheld that the married daughter is eligible for compassionate appointment similar to her married brother or unmarried sister. The bench held that dismissal of the application by the petitioner merely because she is married would violate her Fundamental Rights under Article 14 & 15 of the Indian Constitution. On 14 January 2021, High Court held that considering daughter as not a part of father’s family is unconstitutional and directed the officers to grant her job within 2 Months.

U.P is the only state where on 11 Nov, 2021 law for married daughters claiming compassionate appointment was made.

Karnataka:

Bhuvaneshwari v. Puranik case[2]

Bhuvaneshwari’s father worked as a Secretary of Agricultural Produce Marketing Committee of Kuduchi Village of Belagavi District. After her father’s death, she applied for a compassionate appointment as her brother did not opt for the appointment. However, her application was rejected based on the provisions of The Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 which states that only ‘unmarried daughters’ are eligible to seek appointment on compassionate grounds apart from the spouse and son of deceased public servant.

The Karnataka HC has declared the provisions of Karnataka Civil Services Rules, 1996 to be unconstitutional which excludes ‘married daughter’ from the ambit of eligible family members of the government employee to secure appointment on compassionate grounds.

The court removed the term ‘unmarried’ from the rules while highlighting that the refusal of appointment on compassionate grounds to ‘unmarried daughters’ is in contravention to Article 14 and Article 15 of the Constitution.

The Court also held that “if the marital status of a son does not make any difference in law to his entitlement for seeking appointment on Compassionate grounds, the marital status of a daughter should make no difference, as the married daughter does not cease to be a part of the family and law cannot make an assumption that married sons alone continue to be a part of the family”.

Rajasthan:

Shobha Devi Case[3]

Shobha Devi’s father was an employee of Jodhpur Discom and her father died in Nov 2016. Her mother was eligible to get the job at the place of her husband on compassionate grounds, was not able to join the job due to health reasons. Shobha Devi, his married daughter, later applied for the job on compassionate grounds, which was denied by the Discom based on the fact that the married daughter was not having the right to get a job on this basis.

The Court on 12 January 2022 decided in favor of Shobha Devi stating that even after marriage the responsibilities of a daughter doesn’t change, then why they cannot be given compassionate appointments.

CONCLUSION

Compassionate Appointment is not a right which married or unmarried daughters can exercise, instead it is a concession granted in order to prevent the deceased government servant's family from suffering any financial crunches. The intention of this scheme is crystal clear that it aims to give a job to any member of the deceased’s family. When a son applies for compassionate appointment then he does not face any issues in getting a job even if he is married or not. But married daughters in order to get compassionate appointments have to approach the court and they have to fight long litigation because of which the purpose of Compassionate Appointment is not served. Rejecting the application of a married daughter just because of an orthodox ideology that she is no longer part of her father’s family is not correct. If a daughter can get her share in her father’s property and she is equally responsible to look after her aged parents then why she cannot get a job based on compassionate grounds.

We have the concept of amendment in respective laws and we do amend the laws as the time and situation changes. Then we should amend this old aged perception of married daughters not being part of father’s family and give them equal opportunity to get a job on compassionate grounds as married or unmarried son gets.

References:

[1] The Wire, Married daughter also eligible for Govt job on Compassionate Ground: Allahabad High Court, (Jan. 20, 2022), https://thewire.in/law/married-daughter-eligible-government-job-compassionate-ground-allahabad-hc-father-death. [2] Krishna Prasad, Married daughters too are eligible for compassionate appointment like married sons: Karnataka High Court, THE HINDU (Jan. 22, 2022) https://www.thehindu.com/news/national/karnataka/married-daughters-too-are-eligible-for-compassionate-appointment-like-married-sons-karnataka-hc/article33343481.ece. [3] TNN, Married daughter entitled to job on compassionate grounds: Rajasthan High Court, THE TIMES OF INDIA (Jan. 25, 2022) https://timesofindia.indiatimes.com/city/jaipur/married-daughterentitled-for-jobon-compassionategrounds-raj-hc/articleshow/89004801.cms