Karnataka High Court: Married daughters eligible for compassionate appointment after father's death
In a landmark judgment on June 15, the Karnataka High Court ruled that a married daughter cannot be denied compassionate appointment upon the death of her father. The decision came in response to a petition filed by Savitha R, who challenged the rejection of her application for compassionate appointment by the government department and the Karnataka State Administrative Tribunal.
Savitha's father, a cook at a pre-metric ST Boys' Hostel in Challakere Taluk under the Social Welfare Department, died on February 25, 2014. She applied for compassionate appointment on December 27, 2014. However, her application was rejected after seven years, citing that she was a married daughter and her mother, a retired government employee, was receiving a pension.
The High Court, in its judgment, emphasized that denial based solely on marital status is discriminatory. The court stated that compassionate appointment is a scheme to provide financial relief to families who lose their sole breadwinner. The marital status of a daughter does not diminish her dependency on her father nor her need for employment.
The court also noted that the mother's pension cannot be considered as a ground to reject the daughter's claim, as each individual's right to seek employment is separate. The judgment aligns with constitutional principles of equality and non-discrimination under Article 14 and 15.
This ruling is expected to impact similar cases across the state, reinforcing that compassionate appointment policies must be gender-neutral and not discriminate against married daughters.