The Madras High Court has held that a deceased employee’s married daughter is entitled to get appointment on compassionate grounds. Reiterating an order passed in a similar case, Justice D.Hariparanthaman observed, “If marriage is not a bar in the case of son, the same yardstick shall be applied in the case of a daughter also.”
Jayalakshmi, petitioner, was denied compassionate appointment after her father — a Line Inspector in Tamil Nadu Generation and Distribution Corporation (Tangedco) — died in harness in 2011. The Corporation took the stand that she was married at the time of death of her father and therefore not eligible to compassionate appointment. Hence, she filed the present writ petition challenging the denial.
Reiterating an earlier order passed in a similar case, Justice D.Hariparanthaman pointed out that he had taken note of the statute — Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — which placed equal duty on both sons and daughters to take care of their parents.
Therefore, he said, “In the case of death of the parents, there cannot be any unequal treatment among the children based on sex. There cannot be discrimination between sons and daughters in giving compassionate appointments. The said judgment squarely applies to the facts of this case.”
Says deceased employee’s married daughter is entitled to get appointment on compassionate grounds