Friday, May 8, 2015

Married daughter can get dad's job: Madras HC

Married daughter of a government employee is eligible for a job on compassionate grounds after the death of her father while in service, the Madras high court has ruled. But, she should fulfil two requirements, the court said. One, she must obtain no-objection certificate from other siblings; two, she and her husband must give an undertaking that she will take care of other members of her parents' family from her salary.

An order to this effect was passed by a division bench of Justice Satish K Agnihotri and Justice M Venugopal recently, while dealing with a case of I Kayalvizhi whose father V Indarjith died while in service in the education department.

"A married daughter is eligible for consideration, subject to submission of no-objection certificate of other members of the deceased's family and also with an undertaking from her and her husband that she will take care of other members of the parents' family," the bench said.

Kayalvizhi was the only daughter of Indarjith and she was married by the time he died in harness. She then applied for appointment under compassionate grounds. When she was denied appointment, she moved the high court. Citing a government order governing the issue, a single judge said she was entitled to be considered for the job. Her marriage alone need not necessarily disentitle her from claiming the job, as marriage is not a disqualification, the judge said.

Assailing the order, the assistant primary education officer in Anthiyur in Erode district filed the present appeal before the bench.

The judges upheld Kayalvizhi's rights in this regard, and directed the authorities to consider her case for appointment within a period of four weeks. The only modification made in the single judge order was the NOC from members in her paternal family and an undertaking from her husband.

In this regard, the bench cited an earlier order of the court in the Kamatchi vs state of Tamil Nadu, wherein it had been said that even if there are other members in the family, the beneficiary could take a no-objection from them and stake her/his claim for appointment under compassionate grounds.

The GO, on its part, clearly said an NOC from the remaining members of the family, an undertaking from the beneficiary that he/she shall be helpful to her/his parents' family and an assurance from the spouse of the beneficiary that he/she shall not cause hindrance to her/him in helping members of his/her parents' family in future, should be fulfilled to become eligible for appointment.

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