Cannot discriminate between married son and married daughter- Madras High Court

Wondering how the married daughter of a deceased government employee can be denied appointment on compassionate grounds on the ground she is already married, the Madras High court has said there cannot be any discrimination between a married son and daughter. "There cannot be any discrimination between a married son and a daughter. Making discrimination between a son and a daughter on the ground of marriage is arbitrary and violative of fundamental right to equality," Justice D Hariparanthaman said while passing orders on a petition filed by a woman.

Renuka submitted that her father, an office assistant in the Animal Husbandry department died while in service in February 1998, leaving behind his wife and three married daughters, all of whom were married and another daughter who was yet to get married at that time. She said she had been deserted by her husband and had been living with her father till the time of his death. Though she sought employment on compassionate grounds and furnished a copy of the September 9, 1999 divorce decree, authorities rejected her application stating she was not eligible for it as she was already married. They maintained only an unmarried daughter and one who got divorce when her father was alive were entitled to appointment.

Renuka then moved the High Court. Rejecting the authorities' contention, the judge said that at the time of her father's death she was under his care and control but the divorce decree was obtained after his death. Justice Hariparanthaman pointed out that Renuka had stated that even before her father's death she was living with him. Also, the only reason given by authorities to reject her claim to appointment was because she was married. Quashing the rejection order, the judge directed the authorities to appoint Renuka on compassionate grounds within eight weeks.