Married daughters are eligible for compassionate appointment, and restricting such appointments to unmarried daughters is discriminatory and violative of Articles 14, 15, 16, and 21 of the Constitution of India.

The Court made the following ORDER:

1. This Writ Petition is filed seeking to declare the action of the respondents in not considering and granting compassionate appointment to the 2nd petitioner, on the ground that she is a married daughter, despite repeated representations dated 05.04.2024 and 30.12.2024, and the recommendation dated 18.01.2025, as illegal and arbitrary.

2. learned counsel for the petitioner submits that the dependent children of the deceased Government servant who dies while in service are eligible for compassionate appointment for suitable post as per G.O.Ms.No.350, GA (SER-A) Dept dated 30.07.1999, Memo No.116147/Ser.A/2003-1, dated 08.10.2003 issued by the Government. He further submits that as per G.O.Ms.No.350, General Administration (SER- A) Department dated 30.07.1999, compassionate appointments to the dependent of deceased government employees are subject to the fulfillment of the following conditions:-

a. In para 2 (iii) of the G.O. it has been ordered that where the deceased employee does not have any male child but leaves behind him/her a married daughter and an unmarried minor daughter, the choice of selecting one of the them for appointment under the social security scheme shall be left to the spouse of the deceased.

b. In such cases Government hereby clarify when there is only a married daughter to the deceased Government employee without older or younger brothers or sisters and the spouse of the deceased Government employee is not willing to avail the compassionate appointment, such married daughter may be considered for compassionate appointment provided she is dependent on the deceased Government employee and subject to satisfying the other conditions and instructions issued on the scheme from time to time.

3. Apart from the above, in identical cases, this Court in W.P.No.10340 of 2014 , dated 26.02.2021, held that the word “unmarried” in Clause-III of the eligibility criteria under the Bread Winner Scheme is discriminatory, arbitrary, unjust, and violative of Articles 14, 15, 16, and 21 of the Constitution of India, and accordingly struck it down.

4. In view of the above, this Court is of the opinion that married daughters are also eligible and entitled to be considered for compassionate appointment, subject to fulfillment of all other conditions as per the rules in force. Accordingly, the writ petition is disposed of, directing the respondents to consider the case of the petitioner for compassionate appointment without raising objection on the ground that she is a married woman, and to consider the same in accordance with the applicable rules, and pass appropriate orders within a period of three (03) months. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.