Nishka Srinivas Veluvali
Published On: January 24, 2022 at 12:25 IST
The Andhra Pradesh High Court has recently held that daughters can claim the Compassionate Appointment even if she is married. Her relationship status would not prevent her from claiming the welfare schemes.
The Writ Petition was considered by Justice Ninala Jayasurya who also directed the concerned authorities to post the Petitioner in any suitable and appropriate post on the grounds of Compassionate Appointment.
The Petitioner is the only daughter of the watchman working in P.W.D Workshop Division, Guntur District, who died on 05, May 2021 due to COVID – 19. The wife of the deceased is uneducated, dependent of the deceased and the Petitioner being only daughter of the deceased requested for the Compassionate Appointment claiming inter alia, that there are no earning members in the family and her husband is not gainfully employed.
Even though the Petitioner submitted all the appropriate and relevant documents and certificates, the Government department (Respondents) quashed her submission on the grounds of her marital status.
The Counsel of the Petitioner asserted that according to the G.O.Ms No. 350 dated on 30 July, 1999 that states When there is only a married daughter to the deceased Government Employee without elder or younger brother or sisters and the spouse of the deceased Government is not willing to avail the Compassionate Appointment, provided she is dependent on the deceased Government employee.
The Assistant Government Pleader argued that once the daughter is married she is no more the dependent of her father/mother even if she is not employed or her husband is not employed and further on if that married daughter is dependent on her father/mother only if she is living with them when her husband deserts or disappears for years or dies.
However, the High Court referring to few Judgements stated that, “If the marital status of the son does not make any difference in Law to his entitlement for seeking appointment on compassionate appointment grounds, the marital status of a daughter should also make no difference, as the married daughter does not seize to be part of the family and Law cannot make an assumption that married sons alone continue to be a part of the family.
With the view of the same, the High Court considered the Writ Petition and directed the concerned Government Authorities to consider her Compassionate Appointment and grant her suitable appointment.