It is against the law to make a distinction between a son and daughter after they get married only on the basis of their gender, upheld by the High Court of Himachal Pradesh through the learned Judge JUSTICE SURESHWAR THAKURand JUSTICE CHANDER BHUSAN BAROWALIA, in the case of 06.10.202 vs State Of Himachal Pradesh & Others, (CWP No. 1381/2020).
Brief facts of the case:
The High Court was hearing arguments on a rule that prevents the widows or widowers of government workers from being considered for compassionate appointment.
Despite this clause, the High Court ruled in favour of a married lady who sought compassionate employment following the death of her father and ordered the state government to hire her provided she met the necessary requirements.
This landmark decision was rendered by a two-judge panel consisting of Justice Sureshwar Thakur and Justice Chander Bhusan Barowalia in response to a petition filed by Mamta Devi, who claimed that her father, a Class IV employee in the office of the District Ayurvedic Officer in Kullu, had died while working in a harness. Her father has passed away, leaving her and her sister to be raised by their mother.
She said in her appeal that she had tried to be hired after her father died in government service on humanitarian grounds but was turned down because such help is not explicitly provided for in the policy.
The court granted the petition and made the following observation: “Marriage neither modifies the connection between a married daughter and her parents nor generates severance of ties.” If a son marries, that does not change or end his relationship with his parents; on the contrary, it strengthens and deepens that bond. In the same vein, “a daughter is always a daughter to her parents,” and “a daughter’s marriage does not modify or severe her tie to her parents,” as reported by The Tribune.
The Bench reasoned that if a married son is eligible for a compassionate appointment, then a married daughter should be as well, and that excluding her would be illogical. Therefore, there is no reasonable basis for excluding her. Even after marriage, a daughter is still a daughter. Marriage does not have any close connection to one’s identity.
The court said, “By removing a married daughter(s) from the sweep of the family, the actual objective of social welfare cannot be attained.” The goal of compassionate employment is to provide for the surviving family members of a government worker who has died on the job.
JUDGEMENT REVIEWED BY – HARILAKSHMI