• Is married daughter's are eligible under compassionate appointment

IS MARRIED DAUGHTER'S ARE ELIGIBLE UNDER COMPASSIONATE APPOINTMENT 
......dear sir my wife is one and only married daughter to my father-in-law he was no yonger and elder sons other daughters if my father-in-law was retired on medication invalidation with perslssys decease as per GO 23.10.2008 now she is graduate and unemploye and her husband also unemploye and he had no property and also she living with her father since 4 years her mother not willing to do job of her husband.......please give me advice immediately sir
Now is dhe eligible for not
Asked 6 years ago in Constitutional Law

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25 Answers

Married daughter is entitled to compassionate appointment

2) When appointment on compassionate grounds is given to a married daughter the object to be achieved is to ensure that such married daughter will look after the other dependent members of the deceased employee's family like the widow, minor children of the deceased employee, his handicapped children, parents, etc. This can be ensured by insisting on a declaration by the candidate for appointment on compassionate grounds that s/he would look after such dependent family members of the deceased employee.

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

married daughter is eligible to get government job of her deceased's father on compassionate grounds, the Chhattisgarh High Court has observed. Justice Sanjay K Agrawal made the observation on Tuesday while hearing a petition filed by Sarojani Bhoi (28) who had challenged the state government on the ground that she was not given the job of her father who passed away in 2011.

The HC cited that "policy of compassionate appointment excluding married daughters for consideration is a retrograde policy of the welfare state, and violative of Article 16 (2) (no discrimination on grounds of religion, caste, sex etc) of the Constitution."

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Married daughter is entitled to compassionate appointment 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Number of judgments that married daughter is entitled to compassionate appointment 

 

not necessary that she should be deserted by her husband 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File writ petition in HC if married daughter is denied compassionate appointment 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

-  As per law, a married daughter is eligible to get government job , on compassionate ground , after the demise of her father , if she undertakes to look after the other dependent of the deceased.

- Hence, your wife, being the daughter of the deceased employee is eligible to get the compassionate appointment , on the condition that no other family members of the deceased are having objection for the same.

- Further, you should know, that the maximum age limit is 35 years in case of a son or daughter for getting the compassionate appointment . 

- The full bench of Uttarakhand High Court comprising , the Chief Justice Ramesh Ranganathan, Justice Lok Pal Singh and Justice R.C. Khulbe observed that "Just as a son continues to be the son of the deceased Government servant, both before and after marriage, so does the daughter. The mere fact that she is married does not result in her ceasing to be the daughter of the deceased Government servant.

- Hence, legally she is eligible to get the job on the ground of compassionate ground, and department cannot refuse for the same as per law.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes she is available for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

There is no vested right of dependent family members of the deceased employee.

The right of a dependent family member of the deceased for compassionate appointment accrues only when there is a provision of the Service Rules of the deceased employee with regard thereto.

In the instant case there being no Service Rule for compassionate appointment in favour of a married daughter, she cna not claim the same as a matter of right. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes , so many judgements , married daughter eligible for compassionate appointment but have to show dependant on father.

Have to file writ if authority do not agree.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Married Daughter is eligible for a job on Compassion

-nate ground in case of demise of her father.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can file Writt petition in HC

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. She is eligible for getting the job on compassionate ground though she is married.

 

2. There is a Supreme Court Judgement in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes, she is eligible to get the job subject to fulfillment of other criteria. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

She is eligible for the said appointment.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.  It is not the question of daughter or son. 

 

2. The question herein is whether being married to a person expected to be earning, the daughter deserves compassion or not.

 

3. In your case both you and your husband and unemployed. So, you deserve to be employed on compassionate ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.  It is not the question of daughter or son. 

 

2. The question herein is whether being married to a person expected to be earning, the daughter deserves compassion or not.

 

3. In your case both you and your husband and unemployed. So, you deserve to be employed on compassionate ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.  It is not the question of daughter or son. 

 

2. The question herein is whether being married to a person expected to be earning, the daughter deserves compassion or not.

 

3. In your case both you and your husband and unemployed. So, you deserve to be employed on compassionate ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.  It is not the question of daughter or son. 

 

2. The question herein is whether being married to a person expected to be earning, the daughter deserves compassion or not.

 

3. In your case both you and your husband and unemployed. So, you deserve to be employed on compassionate ground.


1.  It is not the question of daughter or son. 

 

2. The question herein is whether being married to a person expected to be earning, the daughter deserves compassion or not.

 

3. In your case both you and your husband and unemployed. So, you deserve to be employed on compassionate ground.


1.Let her submit the application first.

 

2. If the Authority rejects it, then file a Writ Petition before the Court against the said Authority challenging the said rejection.


1. Do not go by their verbal rejection.

 

2. Let her file te application first.

 

3.If it is rejected, file the Writ Petition as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Yes married daughter is eligible for compassionate appointment at place of her father.

2. You can file writ petition before High court against department which is refusing to appoint your wife on compassionate ground.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

As per judgement of One of High Court, Married daughter is eligible for compensate appointment. ... A married daughter is eligible for a job on compassionate ground in case of demise of her father.

G.O.Ms.No.155, Labour and Employment Department, dated 16.07.1993 provided compassionate appointment to married daughters of government servant, if the daughter was abandoned by her husband or a divorcee or a widow i.e., G.O.Ms.No.155 included certain categories of married daughters to claim compassionate appointment. However, discriminatory treatment was not removed in total, that is, while marriage is not a pre-condition prescribed in the matter of providing compassionate appointment to sons of a deceased government servant, the same was placed as a condition in the case of daughters.

You can refer to 

Madras High Court

Karpagam vs The Commissioner on 28 February, 2017

Writ Petition(MD)No.2951 of 2017

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can refer to the judgment cited in the previous post which may useful to your situation.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes, you are right that as per the constitution of India both men and women are equal.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

 G.O.Ms.No.155, Labour and Employment Department, dated 16.07.1993 provided compassionate appointment to married daughters of government servant, if the daughter was abandoned by her husband or a divorcee or a widow i.e., G.O.Ms.No.155 included certain categories of married daughters to claim compassionate appointment

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

That GO has been overruled 

Thereafter, G.O.Ms.No.165, Labour and Employment Department, dated 30.08.2010 was issued making further improvements in the Scheme. As per G.O.Ms.No.165, the married daughter could also claim compassionate appointment, if she was unmarried at the time of making application. In the said Government Order, it is stated that taking into account the decisions of this Court, such relaxation was granted in providing compassionate appointment to the married daughters, who got married subsequent to the death of the Government Servant and more particularly after making application for compassionate appointment, i.e, G.O.Ms.No.165 also did not render full justice to women. Still, discriminatory treatment was meted out to women. While no such condition is prescribed in the case of a son, that the son shall be unmarried at the time of making application after the death of the deceased government servant, a condition is prescribed in the case of daughter that she shall be unmarried at the time of making application for compassionate appointment.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

Married daughters eligible for compassionate ground job: Calcutta High Court.

The Calcutta High Court today ruled that a married daughter is eligible for a job on compassionate ground in case of demise of her father in harness.

A three-judge bench headed by acting Chief Justice Nishita Mhatre declared unconstitutional a provision of West Bengal government's Labour and Panchayat departments that debarred married daughters from being given jobs on compassionate ground.

The bench, which also comprised justices Dipankar Datta and T Chakraborty, directed that the state government would mention only 'daughter' instead of 'unmarried daughter' in its future notifications for jobs on such grounds.

The bench rejected appeals by the state government that claimed that married daughters were not considered to be dependents of their parents.

A woman named Arpita Sarkar and two others had challenged notifications by the labour and panchayat departments before the high court in 2014.

Justice B Somadder had passed an order that year stating that the provision for excluding married daughters from being given jobs on compassionate ground was violative of Article 14 and 16 of the Constitution.

This order was challenged by the state government before a division bench comprising the then Chief Justice Manjula Chellur and Justice Joymalyo Bagchi which formed the three- judge bench for hearing the appeal.

After extensive hearing, the three-judge bench passed its order today.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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