Affirming a Single Judge’s ruling that that marriage alone need not
necessarily disentitle a woman from claiming a Government job, as
marriage is not a disqualification, a Division Bench of the Madras High
Court has held that married daughter of a government employee is
entitled to be considered for the job on compassionate grounds after the
death of her father while in service subject to her fulfilling two
requirements : one, she must obtain a no-objection certificate from
other siblings and; two, she and her husband must give an undertaking
that she will take care of other members of her parents’ family from her
salary.
“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,” said a
division bench of the Court comprising of Justice Satish K Agnihotri
and Justice M Venugopal recently, while dealing with a case of one
Kayalvizhi whose father V Indarjith died while in service in the
education department under the State Government.
Kayalvizhi, who was the only daughter of Indarjith and happened to be
married by the time he died in harness, then applied for appointment on
compassionate grounds. When she was denied appointment, she approached
the High court seeking reliefs. Citing a government order governing the
issue, a single judge of the Madras High Court 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 of the learned Single Judge, the Assistant
Primary Education Officer in Anthiyur in Erode district had gone in
appeal before the Division Bench.
Ruling in favour of Kayalvizhi, the Division Bench relied on an
earlier judgment of the Court in Kamatchi v. state of Tamil Nadu,
wherein it had been held 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, and the GO
issued by the State Government, which 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.
The Division Bench upheld Kayalvizhi’s rights in this regard subject
to her producing a NOC from members in her paternal family and an
undertaking from her husband, and directed the authorities to consider
her case for appointment within a period of four weeks.
Source : http://www.livelaw.in/marriage-of-daughter-not-a-bar-in-being-considered-for-govt-job-on-compassionate-grounds-after-the-death-of-her-father-while-in-