The Madhya Pradesh High Court has made it clear that a married daughter also has the right to receive compassionate appointment. Therefore, the concerned department should resolve the complaint of the petitioner within three months.
A single-judge bench of Justice Sanjay Dwivedi said this on a petition of Divya Dixit, a resident of Jabalpur, who was represented by Advocate Anirudh Pandey.
He argued that the petitioner’s father Late Krishna Kumar Pandey was a subordinate to the Jail Superintendent in Jabalpur. He died on September 2, 2007 while working. After this, on September 21, 2019, the petitioner’s mother, Krishna Pandey, also passed away. The petitioner is the only child of the parents and was married in 2010.
The Counsel submitted that after the parents’ demise, the petitioner applied for compassionate appointment in the Jail Department. But her application was rejected on the ground that the petitioner was married.
Advocate Anirudh Pandey, on behalf of the petitioner, asserted that the right to equality is stated under Article 14 of the Constitution. This case comes under the purview of violation of the right to equality.
In the light of the justification of the Larger Bench of the Supreme Court, one cannot be deprived of the right to compassionate appointment due to gender discrimination, claimed the petitioner.
After considering the entire case, the High Court passed the order in favour of the petitioner. The Director-General, Jail and Jail Superintendent, Jabalpur have been asked to take appropriate decisions on the representation of the petitioner within three months. Thus, it is unfair to deny compassionate appointment on the basis of being married, the Court observed.