Chennai, Tamil Nadu :

Madras High Court on Thursday reiterated that the married daughter of a government employee, who died in harness, is also entitled to a job under compassionate grounds. Passing orders on a writ petition, Justice D Hariparanthaman said there cannot be discrimination on the basis of marital status of the daughter and making discrimination between son and daughter on the same ground was arbitrary and violative of the fundamental right to equality.

Petitioner, PR Renuka, submitted that her father died in February 1998 while he was working as a junior assistant in the animal husbandry department, leaving behind a wife and three married daughters and an unmarried daughter. Since she was the eldest among them and because of her status that she had been deserted by her husband and living with her father at the time of his death, Renuka sought employment under compassionate grounds. She also furnished a copy of her divorce decree dated September 9, 1999.

But the authorities rejected her plea saying she was married. Noting that her divorce happened after her father’s death, they said only an unmarried daughter and or one who is a divorcee at the time of her father’s death are eligible for appointment under compassionate grounds.

Justice Hariparanthaman pointed out to petitioner’s statement that even before her father’s death she had been deserted and was living with him. Hence, government cannot deny compassionate appointment on the ground that divorce was obtained after the death of her father, the judge said, quashing the rejection order and directed authorities to provide job to Renuka in eight weeks.

source: http://www.newindianexpress.com / The New Indian Express / Home> States> Tamil Nadu / by Express News Service / November 07th, 2014