By Mustafa Alam | MSA Jurieco
In a progressive ruling reinforcing the principles of equality and social justice, the Karnataka High Court has held that a married daughter cannot be denied compassionate appointment solely because of her marital status, provided she was dependent on and residing with the deceased government employee at the time of death.
The case arose after the petitioner’s application for compassionate appointment was rejected on the ground that she was a married daughter and that her mother was receiving a government pension. The petitioner challenged the rejection before the Karnataka State Administrative Tribunal, which dismissed her application despite acknowledging that married daughters could be considered for compassionate appointment. She then approached the Karnataka High Court.
The High Court’s Ruling
A Division Bench of the Karnataka High Court held that the amended Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which include married daughters within the definition of “family,” have retrospective effect. Consequently, a married daughter who was dependent on and living with the deceased employee is entitled to be considered for compassionate appointment.
The Court relied on its earlier decision in Smt. Bhuvaneshwari V. Puranik v. State of Karnataka, which declared the exclusion of married daughters from compassionate appointment as unconstitutional. Following that decision, the State amended the Rules in 2021 to expressly include married, unmarried, divorced, and widowed daughters, subject to the condition that they were dependent on and residing with the deceased employee.
Why the Judgment Matters
The judgment makes it clear that marriage alone cannot be a ground to reject an application for compassionate appointment. What is relevant is whether the applicant was genuinely dependent on the deceased government servant and formed part of the family at the time of death.
The decision also ensures that authorities apply the amended Rules in a manner that advances their welfare objective rather than relying on outdated assumptions regarding the financial independence of married daughters.
Key Takeaways
- A married daughter is eligible for consideration for compassionate appointment if she was dependent on and living with the deceased employee.
- Marital status, by itself, cannot be the basis for rejecting an application.
- The Karnataka High Court has held that the amended 1996 Rules operate retrospectively.
- Authorities must examine the actual dependency and residence of the applicant instead of adopting a mechanical approach.
- The ruling strengthens gender equality in public employment and aligns compassionate appointment schemes with constitutional principles of non-discrimination.
Conclusion
The Karnataka High Court’s decision is another significant step towards eliminating gender-based discrimination in compassionate appointment policies. By recognising that dependency—not marital status—is the determining factor, the Court has reaffirmed that welfare schemes must be interpreted in a manner that fulfils their humanitarian purpose.
The ruling is likely to influence similar disputes across India and serves as an important reminder that compassionate appointment schemes should provide relief to all genuinely dependent family members, irrespective of their marital status.
