The Supreme Court today held that married daughters cannot be excluded from compassionate appointment. The apex court said the omission of married daughters from the definition of family is manifestly arbitrary, unjustified and constitutionally untenable.
In a compassionate appointment, the government gives a job to a family member if an employee dies while in service or retires early due to medical reasons.
A bench comprising Justices PS Narasimha and Alok Aradhe made the observation while setting aside an order of the Allahabad High Court that held the definition of family does not include a married daughter for the purpose of compassionate appointment.
The top court was hearing an appeal filed by a woman, a married daughter of a deceased dealer, who challenged an order of the high court that rejected her claim for appointment as a fair price shop dealer on compassionate grounds.
The woman challenged a 2019 government order that excluded married daughters from the definition of family. The top court said the exclusion of a married daughter from the definition cannot be sustained as the object of allotment under the dependent quota is to provide immediate succour to the family of the deceased dealer facing financial hardship.