Married daughters are eligible for compassionate appointment if they provide a Tahasildar's certificate proving dependency on the deceased employee and meet the prescribed annual family income threshold, which must include the spouse's income.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

JUDGMENT

Petitioner has approached this Court challenging Ext.P6 communication issued by the 3rd respondent, whereby the request of the petitioner for appointment under the compassionate appointment scheme has been rejected.

2. Petitioner has claimed compassionate appointment being the dependant daughter of one Smt. Liji Mol C.M., who died on 24.01.2024 while in the service as Headmistress. The claim has been rejected as per Ext.P6 stating that she was already married at the time of the death of Smt. Liji Mol and not residing with her family and that she is residing with her husband at his home and is fully dependent on the husband. Further, the annual family income shown is also not correct in as much as the income of the husband’s family has been suppressed. Petitioner, relying on Exts.P3 and P4 and also on the judgment of this Court in St. Ignatius High School v. State of Kerala and Others , 2005 KHC 968 and the judgment of the Apex Court in Kulsum Nisha v. State of U.P and Others , 2026 INSC 617, submits that even married daughters are also entitled for appointment under the Compassionate Appointment Scheme.

3. A detailed counter affidavit has been filed by the 3rd respondent admitting that an application has been filed by the petitioner under the Compassionate Appointment Scheme and on enquiry it was revealed that the petitioner was not residing with the late Liji Mol C.M. and was not a dependant member of the deceased employee. The object of the compassionate employment is to relieve the family of the deceased employee from sudden financial distress and is not a matter of inheritance or right. The petitioner was married prior to the death of the employee and is residing with her husband and does not satisfy the definition of a dependent family member eligible for appointment under the scheme.

4. I have heard the rival contentions of both sides.

As per Rule 51B of Chapter XIVA KER, the Manager shall give employment to the dependant of an aided school teacher dying in harness and the Government order relating to employment assistance to the dependents of Government servants dying in harness shall mutatis mutandis apply in the matter of such appointment. Ext.P2 is the Government order relating to the Compassionate Employment Scheme which includes the daughter of the deceased employee as a dependant. By Ext.P3 Government Order, the said scheme was modified, which provides compassionate appointment even to married daughters on production of a certificate from the Tahasildar to the effect that even after the marriage she was dependent on the deceased employee. Further, the family income should be less than 4.5 lakhs. It was further modified as per Ext.P4, which provided that the annual family income should include the income of the spouse also. Documents produced show that the petitioner is qualified for appointment to the post. The reason stated for rejecting the claim as per Ext P6 is that the petitioner was already married even at the time of death of her mother, is residing along with her husband and is dependent on her husband, and the details of the family income produced do not include the income of the husband. But the request of the petitioner is to be considered in terms of Ext.P2 to P4 Government Orders. By Ext.P3 order, even married daughters could also be considered for appointment under the scheme, but the daughter has to produce a certificate from the Tahasildar to the effect that even after marriage she was dependent on