Case Law Details
Chhattisgarh High Court held that Policy of Compassionate appointment excluding married daughter for consideration is a retrograde policy of Welfare State and violative of Article 16(2) of the Constitution.
Relevant Extract of Chhattisgarh High Court Judgment
19. The policy of State Government that unmarried daughter(s) is/are entitled to be considered for compassionate appointment is based on the ground that on marriage she becomes a member of her husband’s family and ceased to be member of her father’s family. A daughter even after marriage remains the daughter of her father and she cannot be treated as not belonging to her father’s family. Their Lordships of the Supreme Court while dealing with the welfare provision contained in 125(1)(d) Cr.P.C. have clearly held in Dr.(Mrs.) Vijaya Manohar Arbat (supra) that daughter after her marriage doesn’t cease to be daughter of the father or mother and obliged to maintain their parents and daughter cannot be allowed to escape its responsibility on the ground that she is now married, therefore, such a policy of the State Government disqualifying, a married daughter and excluding her from consideration apart from being arbitrary and discriminating is retrograde step of State Government as welfare State, on which stamp of approval cannot be made by this Court.
20. Article 14 of the Constitution mandates that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Clauses (1) and (2) of Article 15 of the Constitution prohibit the State from discriminating any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 16 of the Constitution which contains the fundamental right of equality of opportunity in matters of public employment, by sub-clauses (1) and (2) thereof guarantees that:
“16. (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
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