17 Oct 2022 6:15 AM GMT
The Chhattisgarh High Court recently denied compassionate employment to a deceased employee's married daughter, stating that she wo no more 'dependant' on her father's income.Justice Narendra Kumar Vyas observed that the petitioner-daughter was married before the death of her father and therefore, it cannot be said that she was dependent upon his earning.The bench heavily relied on...
The Chhattisgarh High Court recently denied compassionate employment to a deceased employee's married daughter, stating that she wo no more 'dependant' on her father's income.
Justice Narendra Kumar Vyas observed that the petitioner-daughter was married before the death of her father and therefore, it cannot be said that she was dependent upon his earning.
The bench heavily relied on Supreme Court's recent decision in State of Maharashtra & Anr. v. Madhuri Maruti Vidhate, where it was held that married daughter cannot be said to be dependent on her deceased mother and therefore, is not eligible for compassionate appointment. The Supreme Court had also cited delay in seeking the relief. "She shall not be entitled to appointment on compassionate ground after a number of years from the death of the deceased employee," it had said.
In the instant case also, the High Court found that the Petitioner had raised a claim for compassionate employment with a delay of about 13 years. It thus observed,
"The facts reflected from the record that the petitioner is married before death of her father, as such, she cannot be dependent on earning of her father and coupled with the fact that she has filed the present application for grant of compassionate appointment after 12 years of death of her father. These grounds clearly dis-entitle the petitioner to get compassionate appointment..."
The Court explained that the very object of providing compassionate appointment is to ameliorate the condition of the family at the relevant of time. If the family survives for such a long period (13 years), then it has no legal right to get compassionate appointment after lapse of several years.
In the present matter the married daughter Meena Sidar (Petitioner) of the deceased had made a representation before the Secretary, Energy and Power Department (Respondent 1) seeking grant of compassionate appointment which was rejected by the respondents on ground that an application for the same is to be made within one year of the death of deceased person. Since the petitioner was way beyond the limitation period, the respondent no 1 rejected her application.
Case Title: Smt. Meena Sidar v State of Chhattisgarh & Ors.
Citation: 2022 LiveLaw (Chh) 74
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