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Madras HC – Married daughter eligible for compassionate job #womenrights

DC | J. Stalin |  November 07, 2014, 
Holding that the married daughter of a deceased government employee was also eligible for appointment under compassionate grounds, the Madras High Court on Thursday directed authorities to provide compassionate appointment to a man’s divorced

Holding that the married daughter of a deceased government employee was also eligible for appointment under compassionate grounds, the Madras High Court on Thursday directed authorities to provide compassionate appointment to a man’s divorced daughter. (Photo: DC/File)
Chennai: Holding that the married daughter of a deceased government employee was also eligible for appointment under compassionate grounds, the Madras High Court on Thursday directed authorities to provide compassionate appointment to a man’s divorced daughter.
Allowing a petition from one Ms P.R. Renuka, Justice D. Hariparanthaman said, “There cannot be any discrimination between a married son and a married daughter. Discriminating between a son and a daughter on the ground of marriage is arbitrary and in violation of Articles 14, 15 and 16 of the Constitution.”
Ms Renuka’s father was an office assistant under the control of Assistant Director of Animal Husbandry. He died in 1998, while in service. He left behind three married daughters and one unmarried daughter as his legal heirs.
The petitioner was the first married daughter of the deceased. She had applied for compassionate appointment on the ground that she had been deserted by her husband and had been living with her father.
However, the Director of Animal Husbandry had declined to provide compassionate appointment on the ground that divorce was granted to her only after the death of her father and hence, she was not entitled to compassionate appointment.
Challenging this order, Ms Renuka filed the present petition.
The judge said, “When the petitioner has come with a plea that she was deserted by her husband and a decree of divorce was granted and she was under the care and control of her father at the time of his death, the government cannot deny compassionate appointment on the ground that divorce was obtained after the death of her father.”

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