Married daughter eligible for jobs on compassionate basis: Himachal High Court

Team SoOLEGAL 2 Nov 2020 4:19pm

Married daughter eligible for jobs on compassionate basis: Himachal High Court

On 31st October, 2020, Himachal Pradesh High Court was of the view that, no distinction can be made between a married son and a married daughter. Both have equal rights and the distinction can lead to gender discrimination violating the Constitution of India. A petition was filed by a married woman at Himachal Pradesh High Court, for being debarred from getting an employment on compassionate ground.

The fact is that, the married woman’s father used to work under Class IV employee in the office of District Ayurvedic Office, Kullu. He died due to harness. His married daughter had applied for compassionate employment but her application was rejected on the ground that there is no clause in the policy to provide job assistance to a married daughter of a deceased government employee.

Justice Sureshwar Thakur and Justice Chander Bhusan were hearing the plea and was of the view that a married daughter should be treated equally as a married son. If there is a provision which states that only married son will get employment on compassionate basis, then a married woman should also get employment on the same. A son remains a son, and his marriage does not change or have impact on his relationship with his parents. Likewise, a daughter is still a daughter to her parents, and her marriage should not change or impact her relationship with her parents.

If a married son has the right to get an employment on compassionate basis, then a married daughter should not be excluded from this particular provision. A daughter remains a daughter even after marriage.

Tagged: Himachal High Court   Constitution of India   District Ayurvedic Office   Kullu   government employee   Justice Sureshwar Thakur   Justice Chander Bhusan  
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