Married daughter of a deceased employee should be granted job on compassionate grounds

Facts

The father of the applicant, Mamta Devi, died on May 8, 2019. He was working as a Class IV employee at the District Ayurvedic Office, Kullu. Besides her, her mother and sister were dependent on the deceased father. There is no male member in her house who can take care of her mother. Due to her mother and sister being unable to do the job, the applicant applied for a job on compassionate grounds.
However, her application was rejected saying that married daughters do not qualify under the policy of getting a job on compassionate grounds.

Issue

The applicant had challenged this policy of the government in the High Court, describing it as gender discriminatory.

Observation

  1. If the applicant fulfills other criteria to get a job on compassionate grounds her application should not be rejected on the grounds of being the married daughter of the deceased employee.

2.The government cannot discriminate on the basis of gender.

3.The bench find it discriminatory and observed that married women should also be considered eligible for appointment on compassionate grounds, especially if no male member in the family

Held

The Himachal Pradesh High Court bench comprising of Justices Sureshwar Thakur and Chander Bhusan Barowalia has directed the government to grant appointment on compassionate grounds to the married daughter of a deceased employee.

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