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The court orders the government to hire the widowed daughter of a deceased employee, is upheld by the High Court of Himachal Pradesh through the learned Judge JUSTICE SURESHWAR THAKUR,  and CHANDER BHUSAN BAROWALIA,in the case of 06.10.202 vs State Of Himachal Pradesh & Others, (CWP No. 3100 of 2020).

 

Brief facts of the case:

According to the applicant, her father died on May 8, 2019. He was working as a Class IV employee at the District Ayurvedic Office, Kullu. As to the applicant, her mother and sister were also reliant on her father before to his passing. There is no man in her household who can provide care for her mother. Due to her mother and sister’s inability to do the duties, the applicant submitted her application on humanitarian grounds. However, her application was denied on the basis that married daughters do not qualify for compassionate hiring policies. The petitioner had challenged this government regulation in the Supreme Court, arguing that it discriminated against women.

The applicant stated that, just as the son of the deceased employee stays a son throughout his life, so too does the daughter of the deceased employee remain a daughter regardless of her marital status. Therefore, it is a violation of the Indian Constitution to reject her solely on the basis that she is married from consideration for a position requiring compassion.

 

JUDGEMNET:

The court has ordered that the applicant’s status as the married daughter of the dead worker cannot be used as grounds for denying her employment if she otherwise meets the requirements for compassionate hiring.

In its judgement, the court made it plain that the government cannot engage in gender-based discrimination. The bench deemed it discriminatory and ruled that married women should also be eligible for appointment on compassionate grounds, particularly if there is no suitable male in the dependant household.

JUDGEMENT REVIEWED BY – HARILAKSHMI

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