The Madhya Pradesh High Court has overturned the denial of a compassionate appointment request made by a daughter, ruling that her marital status at the time of her father’s death should not disqualify her from consideration. The court has ordered her application to be reassessed according to existing policy guidelines within a three-month timeframe.
Justice Deepak Khot presided over the case brought forth by Shashi Prabha, who contested the rejection of her compassionate appointment claim following the passing of her father, a government employee, in 2007.
The state government had contended that her application was dismissed on the grounds that she was married when her father died and later divorced, thus rendering her ineligible for compassionate appointment. However, the court referenced a prior full bench decision, asserting that the stipulation requiring a daughter to be unmarried is arbitrary and lacks justification.
The court highlighted that Clause 2.2 of the Madhya Pradesh Compassionate Appointment Policy, which excludes married daughters from consideration, does not hold up under judicial review. This clause stipulates that if a deceased government employee’s surviving spouse is unwilling or unable to accept the compassionate appointment, they may nominate a son or an unmarried daughter for the position.
Shashi Prabha’s father served as a headmaster until his death on November 5, 2007. Although she was married during his lifetime, her husband abandoned her, leading her to return to live with her father, from whom she remained financially dependent for several years until his passing. The couple had previously formalized their divorce through a notarized deed.
On October 18, 2012, Prabha applied for a compassionate appointment as a divorced daughter, but the department deemed the notarized document insufficient and requested a formal court decree. Consequently, she obtained a mutual-consent divorce decree from Lok Adalat in November 2013 and submitted this to the relevant authorities.
Despite providing the required documentation, her application was denied in 2014. Following this, she submitted a representation explaining her financial dependence on her late father, but her request was rejected again in August 2016.
The state maintained that under Clause 2.2 of its 2008 policy, a daughter could only qualify for compassionate appointment if she was divorced and dependent on the deceased employee at the time of his death. Since Prabha was legally married at that time, she was considered ineligible.
In response to these rejections, Prabha filed the current plea, seeking the court’s intervention to overturn the denial orders and compel the state to review her application for compassionate appointment.
The court noted that the debate over the disqualification of a daughter based on her marital status at the time of her father’s death has been settled. Citing a Supreme Court ruling from 2020, the court emphasized that policy decisions must reflect principles of gender justice and non-discrimination in accordance with Articles 15(1) and 16(1) of the Constitution.
Furthermore, the court pointed out the inconsistency in the policy: while a living spouse can nominate a son without any marital status conditions, the requirement of being “unmarried” is strictly enforced for daughters.
Ultimately, the court ruled that Clause 2.2 of the policy is unconstitutional and violates Articles 14, 15, 16, and 39(a) of the Indian Constitution, particularly regarding the exclusion of married daughters from compassionate appointment considerations.
Jagriti Rai, who writes for The Indian Express (Digital), focuses on the intersection of law, gender, and society. With a dedicated legal desk, she aims to make complex legal frameworks accessible, examining how judicial and legislative changes influence citizens’ lives.
Her expertise includes a socio-legal perspective that emphasizes human-centric approaches to contemporary social issues. With over four years in digital and mainstream media, she has developed a versatile reporting style, previously gaining insights from her roles at platforms like The Lallantop and Dainik Bhaskar.
Jagriti holds a post-graduate degree in Journalism from the Indian Institute of Mass Communication (IIMC) and a Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with a rich context for analyzing social and legal developments.
