The Patna High Court, while disposing of a petition filed by the petitioner aggrieved by the rejection of her application for appointment on compassionate grounds by the Respondent, held that when a married son is entitled to get a compassionate appointment on proof of his being dependent upon his deceased father, there should not be any disparity with regard to the scheme of a married daughter, provided she was wholly dependent upon her father.
Brief Facts:
The Petitioner is the married daughter of Bharat Singh, since deceased. The said Bharat Singh was working as Senior Manager, Bank of India. After his death, the widow of the said Bharat Singh filed an affidavit, stating that after the death of her husband, the Petitioner, being the daughter of the deceased employee, may be appointed on compassionate grounds. The Petitioner filed her application in prescribed proforma with all documents and the affidavits. However, Respondent No. 3 rejected her claim on the ground that as per the Bank’s Scheme for compassionate appointment, a married daughter cannot be appointed on compassionate grounds. The petitioner filed a writ petition successfully and filed another application for appointment. However, it was also rejected. Hence, the present petition.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the Government of India in its Office Memorandum directed that a married son can be considered for compassionate appointment. Hence, it ought to have held that the married daughter, being at par with the married son, was entitled to a compassionate appointment.
Observations of the Court:
The Court noted that the application of the Petitioner was rejected on the ground that the Petitioner is married and she is not wholly dependent on late Bharat Singh as per the Bank scheme for compassionate appointment. Therefore, the widow of the late Bharat Singh or unmarried daughter was advised to file an application for a compassionate appointment as they are dependent family members of the late Bharat Singh.
The Court observed that when a married son is entitled to get a compassionate appointment on proof of his being dependent upon his deceased father, there should not be any disparity with regard to the scheme of a married daughter, provided she was wholly dependent upon her father. The Court said that there is no scope to accept the reason stated in the letter dated 29th of September, 2022 for rejection of Petitioner’s prayer for compassionate appointment on the ground that on the date of death of her father, there was no scheme of Bank of India to give compassionate appointment to a married daughter.
The decision of the Court:
The Patna High Court, disposing of the petition, held that the Respondents are directed to dispose of the Petitioner’s application on the above consideration within a period of 90 days.
TAGS: Patna High Court compassionate appointment married daughter dependency Bank of India Office Memorandum rejection equality legal remedy
