[Compassionate Appointment] Married Daughters Can't Be Denied Benefit Under Rehabilitation Assistance Scheme: Orissa High Court

In an important verdict, the Orissa High Court has held that a 'married daughter' cannot be denied the benefits under the Rehabilitation Assistance Scheme after the death of her father. While reaffirming the rights of a married daughter to seek compassionate employment upon death of her father, a Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed, "…this court is of the view that marriage by itself is not a disqualification and impugned policy of the State Government barring and prohibiting the consideration of the 'married' daughter from seeking appointment under the Rehabilitation Assistance Scheme, merely on the ground of marriage, is plainly arbitrary and violative of constitutional guarantees, as envisaged in Articles 14, 15, and 16 of the Constitution of India." Contentions of the Petitioner: Mr. Sameer Kumar Das, Advocate for the petitioner contended that the Inspector of Schools failed to apply his mind in the matter as no Government Circular prohibits married daughters of a deceased person, in absence of a son, from recruitment under the Rehabilitation Assistance Scheme. He finally placed reliance on the following observations made by the Orissa High Court in Kshirabadi Bala Behera v. Orissa Administrative Tribunal: "A daughter after her marriage doesn't cease to be daughter of the father or mother and obliged to maintain their parents and daughter cannot be allowed to escape its responsibility on the ground that she is now married, therefore, such a policy of the State Government disqualifying, a 'married' daughter and excluding her from consideration apart from being arbitrary and discriminating is retrograde step of State Government as welfare State, on which stamp of approval cannot be made by this Court."