The Madras High Court has observed the state cannot discriminate against women in providing compassionate appointment citing marriage as a reason.
Such action would be against the very scheme of the Constitution, Justice D Hariparanthaman held, allowing a petition by one R Govindammal whose request for a job on compassionate ground after the death of her father was rejected by the government since she was married.
"The preamble of the Constitution ensures Equality of Status and opportunity to all citizens. Therefore, opportunity in public employment cannot be deprived to women on the ground of marriage while the same is not a restriction in the case of men," the Judge ruled.
The petitioner's father, who was working as head cook and watchman in a government school at Nochikuttai village in Dharmapuri district, died while in service, leaving Govindammal, his only daughter, and her mother as legal heirs. The deceased had no son.
Govindammal's application for compassionate appointment was rejected by the government on the sole ground that it cannot be granted to married daughters.
Justice Hariparanthaman, who quashed the rejection order, directed the Secretary, Social Welfare and Nutritious Meal Programme Department, to provide compassionate appointment to Govindammal within eight weeks.
"The dignity of women would not be assured if they are discriminated by the state in providing employment on compassionate ground.
"Hence I have no hesitation to hold that if the scheme of the state providing employment on compassionate ground treats the women differently on the ground of marriage to their detriment, the scheme would certainly be violative of various provisions of the Constitution of India," the Judge said.
The state can make law providing certain benefits exclusively for women and children as per Article 15(3) of the Constitution but cannot discriminate women in the matter of compassionate appointment on the ground of marriage.
The Judge also said if a government servant had only daughter as in this case, his widow cannot be told that her married daughter could not be provided appointment, particularly when she has to solely rely on her daughter.
Also, maintenance and welfare of parents and senior citizens act now places equal responsibility on both the son and daughter to take care of their parents, he pointed out.
