Marital Status Of The Daughter Not A Ground For Denial In Case Of Compassionate Appointment: SC Upholds Karnataka HC Verdict

• The Hon’ble SC, while upholding the decision of the Karnataka HC said that it fully concurs with the rationale given by the HC.
• A bench of Justices Kaul and Sundresh was hearing an SLP filed by the State of Karnataka against the against the decision of the Karnataka HC in which the HC confirmed the order of the Karnataka State Administrative Tribunal in which it directed that the appointment of the respondent on compassionate grounds should be considered, if she is eligible otherwise.
• In December, 2020, the Karnataka HC in the case of Bhuvanehswari V. Purani vs. State of Karnataka had observed the following-

“If the marital status of a son does not make any difference in law to his entitlement to seek appointment on compassionate grounds, the marital status of the daughter should make no difference as she does not seek to be a part of the family”.

• In the present case, the respondent was the daughter of Smt.Nirmala Devi who was a teacher in a government school. On her demise, her daughter (respondent), who was already married, had filed an application for compassionate appointment which was rejected. It was granted by the Tribunal and was appealed against in the HC. When the HC had concurred with the decision of the Tribunal, an SLP was filed in the Hon’ble SC.
• The Hon’ble SC in this case also relied upon Bhuvaneshwari’s case stated above and said that it completely agrees with the HC’s decision. No distinction is to be drawn between a married and unmarried daughter in case of compassionate appointment as the former is as much a part of the family as the latter.

And now, a question for our aspirants-
Right to Equality, enshrined in Article 14 of the Constitution came into force on ______ .