Eight years after the demise of a clerk/typist at the Maharashtra State Road Transport Corporation (MSRTC), the Bombay High Court has directed his daughter to be considered for the post on compassionate grounds which was denied to her as as she is “married.”
A Division Bench of Justices R.M. Savant and K.K. Sonawane was hearing a plea filed by Smita Jamadar against a communication by the MSRTC denying her the post because she is married.
Ms. Jamadar’s father expired on August 22, 2010 during the course of employment. She had applied for the same post on “compassionate grounds” and submitted her school leaving certificate and graduation certificate. Inspite of repeated follows up, ultimately, on May 15, 2014, Ms. Jamadar’s mother was informed that in “terms of regulations, her daughter being married, could not be appointed on compassionate grounds.”
ADVERTISEMENT
On November 17, 2016, the State passed a resolution that provided for married daughters to be considered for appointment on compassionate grounds, provided they satisfied the other conditions mentioned in the resolution.
On the point of whether married daughters are entitled to be considered for appointment on compassionate grounds on account of the death of their parent, who was in employment, the court has relied upon an order passed in 2012, by a Division Bench.
That court had held, “the disentitling a married daughter from compassionate appointment would create discrimination only on the ground of gender.”
ADVERTISEMENT
The Bench observed that it did not see any rationale for such classification and discrimination being made in matters of compassionate appointment and particularly when the employment is under the State. The Bench had said, “The State is obliged to bear in mind the constitutional mandate and also directive principle of State policy.”
The court then directed MSRTC to consider Ms. Jamadar’s case to the post latest by December 31.