• Right of married daughter on fathers job after demice

Sir my wife is from uttar pradesh.His father died 12 days past her marriage while working as a sub inspector in wireless communication of up police who had 2 years of service left.Her brother works in psu and due to his medical condition can't take the mother as dependend on him.So can my wife take his father's job to look after her mother.kindly advice.
Asked 11 months ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu
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
26202 Answers
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Your wife can apply for compassionate appointment to the dept in accordance with the rules. If her case is not considered by the dept then she can move the High Court for an appropriate relief. 
Ashish Davessar
Advocate, Jaipur
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486 Consultations
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Anyone of the dependents including a married daughter is eligible for appointment on compassionate grounds upon the death of the employee while is service.
There are various supreme court judgments making the married daughters eligible for employment on compassionate grounds.
T Kalaiselvan
Advocate, Vellore
16567 Answers
153 Consultations
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No in the presence of the brother already employed the daughter will not get the job, however you can try filing an application with the facts as mentioned and see if it works out. Lawfully when brother is already employed it is not possible. 
Atulay Nehra
Advocate, Noida
621 Answers
19 Consultations
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