Supreme Court: Daughter who got divorced after death of government employee is not entitled to compassionate job

Technicalguruji Bureau, New Delhi

Published by: Kuldeep Singh
Updated Tue, 14 Sep 2021 03:25 AM IST

Summary

The Supreme Court in a judgment on Monday held that only unmarried daughter and widowed daughter, who is dependent on and residing with the deceased woman government employee at the time of her death, would be considered eligible for appointment on compassionate grounds.

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The Supreme Court on Monday ruled that the daughter of a deceased (employee) who got divorced after the death of a government servant would not be entitled to compassionate appointment.

A bench of Justices MR Shah and Aniruddha Bose allowed the appeal filed by the Karnataka Treasury Director directing the Karnataka High Court to grant compassionate appointment to V.Somyashree to the state government. Her mother P. Bhagyamma was working as a class II assistant in Mandya district, who died on March 25, 2012.

After perusing the Karnataka Civil Services (Appointment on Compassionate Ground) Rules, 1996, the apex court observed that there was no provision for compassionate appointment for a divorced daughter as per the norms of that time.

Only the unmarried daughter and widowed daughter, who is dependent on and is residing with the deceased woman Government servant at the time of her death, would be considered eligible for appointment on compassionate grounds. The word divorced daughter was later added to it by an amendment in 2021.

In the present case, the apex court observed that when the employee died on March 25, 2012, Somyashree was his married daughter and her marriage was intact. However, after the death of her mother, she got divorced by mutual consent on September 12, 2012. The court granted the divorce on March 20, 2013. On the very next day i.e. March 21, 2013, he had applied for appointment on compassionate grounds.

Expansion

The Supreme Court on Monday ruled that the daughter of a deceased (employee) who got divorced after the death of a government servant would not be entitled to compassionate appointment.

A bench of Justices MR Shah and Aniruddha Bose allowed the appeal filed by the Karnataka Treasury Director directing the Karnataka High Court to grant compassionate appointment to V.Somyashree to the state government. Her mother P. Bhagyamma was working as a class II assistant in Mandya district, who died on March 25, 2012.

After perusing the Karnataka Civil Services (Appointment on Compassionate Ground) Rules, 1996, the apex court observed that there was no provision for compassionate appointment for a divorced daughter as per the norms of that time.

Only the unmarried daughter and widowed daughter, who is dependent on and is residing with the deceased woman Government servant at the time of her death, would be considered eligible for appointment on compassionate grounds. The word divorced daughter was later added to it by an amendment in 2021.

In the present case, the apex court observed that when the employee died on March 25, 2012, Somyashree was his married daughter and her marriage was intact. However, after the death of her mother, she got divorced by mutual consent on September 12, 2012. The court granted the divorce on March 20, 2013. On the very next day i.e. March 21, 2013, he had applied for appointment on compassionate grounds.

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