IMPORTANT POINT
The main legal point established in the judgment is that the eligibility for compassionate appointment is based on dependency and financial need, rather than notions of birthright or inheritance, and that the legal interpretation of dependency precludes married daughters from eligibility for compassionate appointment.

ORDER :

The captioned petition is filed by married daughter of deceased employee assailing the letter dated 15.6.2023 issued by respondent No.3 as per Annexure-B; letter dated 5.10.2023 issued by respondent No.3 and the letter dated 10.10.2023 issued by respondent No.2, rejecting the application filed by petitioner seeking appointment on compassionate grounds.

2. Petitioner’s father was serving in respondent-Bank as a Clerk who died in harness on 6.10.2022. Petitioner submitted an application for compassionate appointment. Respondent-Bank vide endorsement dated 15.6.2023 as per Annexure-B, letter dated 5.10.2023 as per Annexure-F and letter dated 10.10.2023 as per Annexure-G has rejected the application on the ground that petitioner is a married daughter and therefore, cannot claim to be dependant on her father.

3. The petitioner is assailing the impugned letters as per Annexures- “B, F and G” on following grounds:

“1. The instant petition has been preferred by the Petitioner, who is a married daughter of a deceased employee of the Respondent bank, being aggrieved by the rejection of compassionate appointment on the sole ground that she is married.

2. The scheme for compassionate appointment of the Respondent bank considers dependent family members for compassionate appointment as defined in the following terms:

"The term dependant family member means

3.1.1 Spouse, or

3.1.2 Wholly dependent son (including legally adopted son); or

3.1.3 Wholly dependent daughter (including legally adopted daughter); or

3.1.4 Wholly dependent brother or sister in the case of unmarried employee."

3. The scheme does not, in its terms, exclude married daughter from the ambits of the term 'dependent family member', and any daughter is entitled if she is wholly dependent. Hence, the test is of dependence and not of marital status. In view of the fact that the objective of compassionate appointment is beneficial, the fact that unmarried daughters have not been excluded from the definition of 'dependant family member must be given a literal, purposive and beneficial Interpretation.

4. That the Respondent bank has violated the scheme and issued impugned letter stating that "married daughter is not covered under compassionate appointment scheme norms" (Annexure F at Page 26 of the Petition]. The Respondent has not tested dependency of the Petitioner as per applicable norms.

5. That on facts, the Petitioner is a wholly dependant daughter and the following aspects have been pleaded:

a. Prior to the death of her father, the Petitioner's parents were living with her and her family.

b. The husband of the Petitioner is a street vendor, and his earning is totally insufficient to meet the needs of the family.

c. The Petitioner has three daughters aged 11 years, 5 years and 3 years respectively.

d. The Petitioner was wholly dependent on the earnings of her father, Late Shri Kaverappa M for the subsistence of her family and herself.

The Petitioner has been unable to secure gainful employment.

e. Prior to his death, the Petitioner's father had taken loans to the extent of 10,00,000/-(Rupees Ten Lakh only) which are required to be repaid.

f. The Petitioner is also taking care of her mother, who is residing with her, without any assistance.

g. The pension amounts being received by the petitioner's mother are wholly insufficient to meet the needs of the family, and the family is in a situation of dire penury.

h. Prior to the death of the Late Shri Kaverappa M, the Petitioner's mother met a tragic road accident and was seriously injured, and has been rendered immobile. Huge debts have also been incurred in this regard. Hence, she nominated the petitioner to be appointed for compassionate appointment.

i. Petitioner is aged 34 years and has B.Com qualification, and is ready to accept any suitable post.

4. In support of her contention, she has placed reliance on the following judgments:

“1. The State of West Bengal and Ors. Vs. Purnima Das – (2017) 4CALLT238 (HC).

2. State of UP Vs. Neha Srivasta