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Is a married daughter eligible for compassionate appointment?

Shivendra Pratap Singh

Advocate

03/02/2022/ 5:42:36 PM

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Question: My father was an executive engineer in PWD, Uttar Pradesh. He died during his office tenure. I want to get service on the demise of my father because my husband is not working. If I get a government job I can take care of my mother and younger brother. Is a married daughter eligible for compassionate appointment? Can I get a job in the PWD department after the death of my father?

Question from: Uttar Pradesh

If a government servant dies in harness his dependent can get a compassionate appointment. Giving compassionate appointments to the dependents of deceased government servants achieves a social goal. Therefore, it is the responsibility of the government to provide ameliorative relief to the family of a government servant who has died in harness. Compassionate appointment provides immediate financial support to the family of a wage earner on his untimely death. 

The basic rationale and the foundation for granting compassionate appointment is thus the financial need of the family of a deceased government servant who has died in harness and it is with a view to alleviate financial distress that compassionate appointment is granted.

Vimla Srivastava vs State of Uttar Pradesh, AIR 2015

Is a married daughter eligible for compassionate appointment? 

Rule 2(c) of The Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 defines the word “family”. According to the definition of Rule 2(c), a married daughter is not included in the family of a deceased government servant. Therefore, a married daughter is not entitled to get a compassionate appointment. 

Gender discrimination in dying in harness rule

Prima facie the definition of family [Rule 2(c)] discriminates on the ground of gender. A married son is entitled for the compassionate appointment but a married daughter is not. This discrimination on the basis of gender has eliminated by the Hon’ble Supreme Court in its various decisions.

In C.B. Muthamma vs. Union of India AIR 1979 SC 1868, the Supreme Court has held that “If a married man has a right, a married woman, other things being equal, stands on no worse footing.”

A daughter after her marriage does not cease to be a daughter of the father or mother .

Vijaya Manohar Arbat vs. Kashirao Rajaram Sawai AIR 1987 SC 1100

In National Legal Services Authority vs. Union of India (2014) 5 SCC 438, the Supreme Court recognized that gender identity, is an integral part of sex within the meaning of Articles 15 and 16 and no citizen can be discriminated on the ground of gender.

Therefore, a married daughter is also entitled to get a compassionate appointment after the death of her father. The dying in harness rule is also applicable on the married daughter and she is entitled for compassionate appointment [Mamta Devi vs State of Himachal Pradesh, 2021 LAB. I. C. 1].

Conclusion

But you are not entitled to get a compassionate appointment because you have a younger brother. The priority goes to the son over the married daughter. Therefore, he shall get a compassionate appointment instead of you. 

Son undoubtedly comes under Rule 2(c) i.e. the meaning of family, and he can take better care of his mother rather than married daughter. He is the real person who is facing financial hardship after his father’s death.

If a married daughter is the only child of a deceased government servant then she can get a compassionate appointment. You do not come under this criteria therefore you cannot claim compassionate appointment under dying in harness rule.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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