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Karnataka High Court
MANJULA - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 10-11-04
W.P. : 19058 of 2000
KARNATAKA CIVIL SERVICES (APPOINTMENT ON COMPASSIONATE GROUNDS) RULES, 1996
Appointment on compassionate grounds -Disabling a married daughter, is discriminatory. See, Constitution of India -Articles 14 & 16.
Constitution of India -Appointment of married daughter on compassionate grounds -Article 16 -Appointment of married daughter on compassionate grounds -Rule omitting married daughter for appointment on compassionate grounds -Held, is discriminatory -Directed to consider the application. [R. Gururajan, J]: No married women can be denied of an entry into service on compassionate employment just because she is married. In fact the State government has accepted the theory of no employment for married women living with her husband. There may be cases where the married women may be living with her parents notwithstanding her marriage for various reasons and there may be cases like the present one in which case the married women would be dependent on their parents on account of death of her husband. Therefore what this court would do is to read down the Rule thereby providing employment to dependent married daughters subject of course to the satisfaction of the management of the dependency of the said married daughters in the given circumstances. This view in my view would support the cause of women in terms of Article 14 and 15 of the Constitution of India. They cannot be denied employment merely on the ground of marriage. The Division Bench has also noticed dependency in such cases. Therefore the dependency should be the yardstick and not the marriage to wipe out the tears from the eyes of the suffering family on account of the loss of an earning member in the family.
Cases Referred:
Relied on: AIR 1979 SC 1868: (1979)4 SCC 260: 1979 SCC (Lab.) 366; 1992(3) Kar. L. J. 570 (SC): ILR 1992 Kar. 3416 (SC): 1993-I-LLJ-587 (SC); (2003) 6 SCC 277: (2003) SCC (L and S) 840: 2003-III-LLJ-1 (SC).
Constitution of India -Appointment of married daughter on compassionate grounds -Article 14 -Appointment of married daughter on compassionate grounds -Rule omitting married daughter for appointment on compassionate grounds -Held, is discriminatory -Directed to consider the application. [R. Gururajan, J]: No married women can be denied of an entry into service on compassionate employment just because she is married. In fact the State government has accepted the theory of no employment for married women living with her husband. There may be cases where the married women may be living with her parents notwithstanding her marriage for various reasons and there may be cases like the present one in which case the married women would be dependent on their parents on account of death of her husband. Therefore what this court would do is to read down the Rule thereby providing employment to dependent married daughters subject of course to the satisfaction of the management of the dependency of the said married daughters in the given circumstances. This view in my view would support the cause of women in terms of Article 14 and 15 of the Constitution of India. They cannot be denied employment merely on the ground of marriage. The Division Bench has also noticed dependency in such cases. Therefore the dependency should be the yardstick and not the marriage to wipe out the tears from the eyes of the suffering family on account of the loss of an earning member in the family.
Cases Referred:
Relied on: AIR 1979 SC 1868: (1979)4 SCC 260: 1979 SCC (Lab.) 366; 1992(3) Kar. L. J. 570 (SC): ILR 1992 Kar. 3416 (SC): 1993-I-LLJ-587 (SC); (2003) 6 SCC 277: (2003) SCC (L and S) 840: 2003-III-LLJ-1 (SC).
Appointment of married daughter on compassionate grounds
CONSTITUTION OF INDIA - Article 14 -Appointment of married daughter on compassionate grounds -Rule omitting married daughter for appointment on compassionate grounds -Held, is discriminatory -Directed to consider the application.
[R. Gururajan, J]: No married women can be denied of an entry into service on compassionate employment just because she is married. In fact the State government has accepted the theory of no employment for married women living with her husband. There may be cases where the married women may be living with her parents notwithstanding her marriage for various reasons and there may be cases like the present one in which case the married women would be dependent on their parents on account of death of her husband. Therefore what this court would do is to read down the Rule thereby providing employment to dependent married daughters subject of course to the satisfaction of the management of the dependency of the said married daughters in the given circumstances. This view in my view would support the cause of women in terms of Article 14 and 15 of the Constitution of India. They cannot be denied employment merely on the ground of marriage. The Division Bench has also noticed dependency in such cases. Therefore the dependency should be the yardstick and not the marriage to wipe out the tears from the eyes of the suffering family on account of the loss of an earning member in the family.
Appointment of married daughter on compassionate grounds
CONSTITUTION OF INDIA - Article 16 -Appointment of married daughter on compassionate grounds -Rule omitting married daughter for appointment on compassionate grounds -Held, is discriminatory -Directed to consider the application.
[R. Gururajan, J]: No married women can be denied of an entry into service on compassionate employment just because she is married. In fact the State government has accepted the theory of no employment for married women living with her husband. There may be cases where the married women may be living with her parents notwithstanding her marriage for various reasons and there may be cases like the present one in which case the married women would be dependent on their parents on account of death of her husband. Therefore what this court would do is to read down the Rule thereby providing employment to dependent married daughters subject of course to the satisfaction of the management of the dependency of the said married daughters in the given circumstances. This view in my view would support the cause of women in terms of Article 14 and 15 of the Constitution of India. They cannot be denied employment merely on the ground of marriage. The Division Bench has also noticed dependency in such cases. Therefore the dependency should be the yardstick and not the marriage to wipe out the tears from the eyes of the suffering family on account of the loss of an earning member in the family.
Cases Referred:
Relied: AIR 1979 SC 1868: (1979)4 SCC 260: 1979 SCC (Lab.) 366; 1992(3) Kar. L. J. 570 (SC): ILR 1992 Kar. 3416 (SC): 1993-I-LLJ-587 (SC); (2003) 6 SCC 277: (2003) SCC (L and S) 840: 2003-III-LLJ-1 (SC).
Appointment
LABOUR AND SERVICES - Appointment of married daughter on compassionate grounds -Appointment of married daughter on compassionate grounds -Rule omitting married daughter for appointment on compassionate grounds -Held, is discriminatory -Directed to consider the application.
[R. Gururajan, J]: No married women can be denied of an entry into service on compassionate employment just because she is married. In fact the State government has accepted the theory of no employment for married women living with her husband. There may be cases where the married women may be living with her parents notwithstanding her marriage for various reasons and there may be cases like the present one in which case the married women would be dependent on their parents on account of death of her husband. Therefore what this court would do is to read down the Rule thereby providing employment to dependent married daughters subject of course to the satisfaction of the management of the dependency of the said married daughters in the given circumstances. This view in my view would support the cause of women in terms of Article 14 and 15 of the Constitution of India. They cannot be denied employment merely on the ground of marriage. The Division Bench has also noticed dependency in such cases. Therefore the dependency should be the yardstick and not the marriage to wipe out the tears from the eyes of the suffering family on account of the loss of an earning member in the family.
Cases Referred: Relied on: AIR 1979 SC 1868: (1979)4 SCC 260: 1979 SCC (Lab.) 366; 1992(3) Kar. L. J. 570 (SC): ILR 1992 Kar. 3416 (SC): 1993-I-LLJ-587 (SC); (2003) 6 SCC 277: (2003) SCC (L and S) 840: 2003-III-LLJ-1 (SC).
( 1 ) THIS petition is filed by a married daughter seeking compassionate employment. Petitioner's father late Hanumanthagowda Patil, was employed by the second respondent-Bank. He died in harness on 16-11-1998. He left behind his wife, sister and daughter i. e. , the petitioner herein. His sister got married and she is living separately from them. Petitioner and her mother were completely dependent on the earning of hanumanthagowda Patil. After his death, petitioner was forced to discontinue her studies when she was prosecuting her III year B. A. She made an application to the respondent-Bank for compassionate employment. The same was rejected on the ground that the petitioner is a married lady in terms of an endorsement Annexure-C. Mother of the petitioner made another application to the respondent-Bank to reconsider their decision. Her request was also rejected in terms of annexure-D. Petitioner in these circumstances, is before me.
( 2 ) RESPONDENTS have entered appearance. Second respondent contested the matter by contending that in terms of the regulations, a married daughter is excluded from claiming compassionate employment. They justify their action.
( 3 ) DURING the pendency of the petition it is brought to my notice that the State Government has chosen to amend the proviso in terms of the notification No. DPAR 19 SCA 99, Bangalore, dated 24-11-2000 providing for employment in case of widowed daughter as well.
( 4 ) SRI Navadgi, learned Counsel argues before me that the Regulation as it exists as on today is arbitrary. Learned Counsel says that regulation 2 (3) is unconstitutional in the given circumstances. He says that no restriction as such is placed on men and only such restriction is placed on women. Married sons are eligible and married daughters are not eligible in terms of the Regulation. Learned Counsel says that this amounts to discrimination on the ground of sex and such discrimination is impermissible in law. Learned Counsel says that the facts of the case do warrant interference by this Court. He has also produced the death certificate evidencing the death of husband of the petitioner in the year 2002. He wants justice to be done to his client.
( 5 ) PER contra, learned Counsel for the respondent-Bank says that daughters on marriage would leave the paternal home and that therefore they are justified in omitting the married daughter for the purpose of compassionate employment. They deny the theory of discrimination. Both the learned Counsels would rely on various judgments.
( 6 ) AFTER filing of the petition, the entire scene has changed, petitioner has become a widow. However, the Rules as I see do not specifically provide for any compassionate employment either in the case of a widowed daughter or in the case of a married daughter. Let me see as to whether the law on the subject or the facts of this case warrant any interference by me in the case on hand. 1. Sex discrimination is a taboo in terms of Article 16 of the constitution. Rules of the Bank provide for compassionate employment to the widow and unemployed son of the deceased employee or unmarried daughter. The scheme is meant for dependents of the deceased. Case-laws have dealt with this aspect of the matter in terms of the argument of the learned Counsel.
( 7 ) IN Miss C. B. Muthamma v Union of India and Others, the supreme Court noticed the plea of sex discrimination in terms of articles 14 and 16 of the Constitution of India, The Supreme Court noticed disentitlement of a right of employment in the case of married women. The Supreme Court in the said case ruled as under:"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 hangover of the masculine culture of manacling the weaker sex forgetting how our struggle for national freedom was also a battle against woman's thraldom. Freedom is indivisi
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