Cuttack: Married daughter of a state government employee is entitled to employment under compassionate grounds, observed Orissa High Court today.
Earlier, only the son or unmarried daughter of a state government employee was eligible for appointment under compassionate grounds. Denial of job to a married daughter is not legally acceptable, said a bench of Justice Sanjeeb Kumar Panigrahi while hearing a petition of one Basanti Nayak.
“The court is of the view that marriage by itself is not a disqualification and impugned policy of the state government barring and prohibiting the consideration of the ‘married’ daughter from seeking appointment under the Rehabilitation Assistance Scheme, merely on the grounds of marriage, is plainly arbitrary and violation of constitutional guarantees, as envisaged in Articles 14, 15 and 16 (2) of the Constitution of India,” observed Justice Panigrahi.
As per the court proceedings, Basanti’s father had died while serving as a primary school teacher on February 23, 2001. Basanti, who had completed her Plus-II education, applied for appointment to the post of Class-III non-teaching employee under the Rehabilitation Assistance Scheme.
On receipt of the application, the case of the petitioner was recommended for appointment by the Inspector of Schools in Bhadrak. However, the case of the petitioner was overlooked for appointment under the scheme.
Basanti approached the Odisha Administrative Tribunal, which disposed her case directing the authorities to consider her application. However, the Inspector of Schools rejected her representation for appointment to the post by saying that a married daughter is not entitled to job under the Rehabilitation Assistance Scheme. Basanti had filed a writ petition in the HC.