Married Daughter Cannot Be Denied Compassionate Appointment: Orissa High Court
·1 hour ago·2 min read
Key Points
The Orissa High Court ruled that a married daughter cannot be denied compassionate appointment solely on the ground of her marital status, calling it a violation of constitutional equality.
Cuttack, Jun 23: In a significant judgment, the Orissa High Court has ruled that a married daughter cannot be denied compassionate appointment solely on the ground of her marital status.
Hearing a petition filed by Gouri Jena, the court held that marriage does not render a person ineligible for compassionate appointment and that denying such employment to a daughter merely because she is married violates the constitutional guarantee of equality.
Marriage Is a Fundamental Civil Right
In its judgment, the court observed that the right to marry the person of one's choice is an inherent part of the fundamental right to life and personal liberty for both men and women. Therefore, a daughter cannot be deprived of compassionate appointment simply because she has entered into marriage.
The court further noted that describing a married daughter as ineligible for compassionate employment is contrary to constitutional principles and amounts to discrimination.
Equality Must Apply to Sons and Daughters Alike
The High Court pointed out that a married daughter may continue to bear responsibility for the care and support of her parental family. If a married son is considered eligible for compassionate appointment following the death of his parents, who were government employees, denying the same benefit to a married daughter would violate the constitutional right to equality.
Also Read: Odisha CM Chairs State Level Natural Calamity Committee Review Meeting
2016 Government Instruction Quashed
The court set aside a July 28, 2016, government instruction under which the petitioner’s application for compassionate appointment had been rejected solely because she was a married daughter.
The bench directed the Odisha government to reconsider the petitioner’s claim and take a fresh decision within two months.
Justice Satapathy Delivers Verdict
The judgment was delivered by a bench headed by Justice Biraja Prasanna Satapathy while hearing the petition filed by Gouri Jena.
The ruling is expected to have wider implications for compassionate appointment cases involving married daughters in Odisha.
Hearing a petition filed by Gouri Jena, the court held that marriage does not render a person ineligible for compassionate appointment and that denying such employment to a daughter merely because she is married violates the constitutional guarantee of equality.
Marriage Is a Fundamental Civil Right
In its judgment, the court observed that the right to marry the person of one's choice is an inherent part of the fundamental right to life and personal liberty for both men and women. Therefore, a daughter cannot be deprived of compassionate appointment simply because she has entered into marriage.
The court further noted that describing a married daughter as ineligible for compassionate employment is contrary to constitutional principles and amounts to discrimination.
Equality Must Apply to Sons and Daughters Alike
The High Court pointed out that a married daughter may continue to bear responsibility for the care and support of her parental family. If a married son is considered eligible for compassionate appointment following the death of his parents, who were government employees, denying the same benefit to a married daughter would violate the constitutional right to equality.
Also Read: Odisha CM Chairs State Level Natural Calamity Committee Review Meeting
2016 Government Instruction Quashed
The court set aside a July 28, 2016, government instruction under which the petitioner’s application for compassionate appointment had been rejected solely because she was a married daughter.
The bench directed the Odisha government to reconsider the petitioner’s claim and take a fresh decision within two months.
Justice Satapathy Delivers Verdict
The judgment was delivered by a bench headed by Justice Biraja Prasanna Satapathy while hearing the petition filed by Gouri Jena.
The ruling is expected to have wider implications for compassionate appointment cases involving married daughters in Odisha.
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