G. P. SHIVAPRAKASH, J.

( 1 ) THE petitioner is the daughter of a deceased employee of the Karnataka electricity board, which is the 1st respondent in this writ petition. Her mother who was working as a sanitary worker with the respondents died on 7-3-1989 while in service.

( 2 ) IT is stated in the petition that the petitioner is married but since her husband has been mentally deranged, she was depending upon her mother for her livelihood. The petitioner belongs to scheduled castes as is evidenced by the certificate, a copy of which is marked as annexure-c. The petitioner has 3 children.

( 3 ) AS stated above, the husband of the petitioner who was working as a coolie, in course of time became mentally deranged and left the house and has whereabouts are not known for the last 8 to 9 years. It is in these circumstances, the petitioner sought employment on compassionate ground. On her application seeking appointment on compassionate ground, the 2nd respondent has issued an endorsement dated 21-3-1991, a copy of which is marked as annexure-a. It reads as hcreunder:"as per see, Mysore letter No. Dca/aao/ag-8/18569, dated 12-3-1991 and secretary, k. e. b. , Bangalore letter No. Keb/35/721/1990-91, dated 25-6-1990, only the widows/son/unmarried daughter/near relative of deceased board employee who dies while in service, are eligible for appointment on compassionate grounds in k. e. b. "

( 4 ) IT is evident from the endorsement that her application for appointment on compassionate ground has been rejected because she is a married daughter of a deceased employee and therefore, not eligible for appointment on compassionate ground.

( 5 ) SRI M. Subba Rao, learned counsel appearing for the respondents sought to justify the rejection of the application of the petitioner contending that the guideline formulated by the Karnataka electricity board for giving appointment on compassionate ground, clearly specifies the dependent relatives who are eligible for appointment on compassionate ground. A copy of the said guideline is marked as anncxure-e. Clause 2 of the said guideline provides for appointment on compassionate ground and enumerates the persons who are eligible for appointment on compassionate ground and the same is extracted hereunder :

( 6 ) SINCE a married daughter is not included in clause 2 which is reproduced above, Sri M. Subba Rao contended that a married daughter is not eligible for appointment on compassionate ground. According to the learned counsel, the reason for excluding a married daughter to be considered for appointment on compassionate ground is, that when a girl gets married she leaves the parental home and joins her husband and, therefore, giving her appointment will be of no assistance to the family of the deceased employee. This according to the learned counsel, is the main reason for excluding a married daughter from consideration for giving appointment on compassionate ground.

( 7 ) SRI Ravivarma Kumar, learned counsel appearing for the petitioner, on the other hand contended that this concept that a married daughter leaves the parental home and joins the family of the husband, to such an extent that she would completely tear herself off from the family of her birth, and would be of no help to the parental home even in times of difficulty, is a hang-over from the past abhorrent to the present times, and is contrary to the rights guaranteed to women in our constitution. He relied on two decisions reported in Radha Charan v State of Orissa, AIR 1969 Orissa 237 and miss C. B. Muthamma v Union of India and others, AIR 1979 SC 1868. In AIR 1979 SC 1868, the Supreme Court at paragraph 6, page 1870 has observed as follows :"6. At the first blush this Rule is in defiance of Article 16. If a married man has a right, a married woman, other thing being equal, stands on no worse footing. This misogynous posture is a hang-over of the masculine culture of manacling the weaker sex forgetting how our struggle for national freedom

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