The Chhattisgarh High Court in the case Smt. Meena Sidar v State of Chhattisgarh & Ors observed and has denied compassionate employment to a deceased employee’s married daughter, wherein stating that she wo no more ‘dependant’ on her father’s income.
The bench comprising of Justice Narendra Kumar Vyas observed that the petitioner-daughter was married before the death of her father and it cannot be said that she was dependent upon his earning.
It was observed that the bench heavily relied on Supreme Court’s recent decision in the case State of Maharashtra & Anr. v. Madhuri Maruti Vidhate, wherein the court held that married daughter cannot be said to be dependent on her deceased mother and therefore, is not eligible for compassionate appointment. It had also been cited by the Supreme Court that delay in seeking the relief. It stated that, she shall not be entitled for an appointment on the ground that after a number of years from the death of the deceased employee.
At the outset, it was found by the High Court that the Petitioner had raised a claim for compassionate employment with a delay of about 13 years.
The court observed that the facts reflected from the record that the petitioner is married before death of her father, as such, she cannot be dependent on earning of her father and had coupled with the fact that the present application has been filled by her for grant of compassionate appointment after 12 years of death of her father. Thus, these grounds clearly dis-entitle the petitioner to get compassionate appointment.
Further, the court explained that the very object of providing compassionate appointment is to ameliorate the condition of the family at the relevant of time. If the family survives for such a long period (13 years), then it has no such legal right to get compassionate appointment after lapse of several years.
In the present case, the petitioner, the married daughter Meena Sidar of the deceased had made a representation before the Secretary, Energy and Power Department (Respondent 1) seeking grant of compassionate appointment which was rejected on the ground by the respondents that an application for the same is to be made within one year of the death of deceased person. As the petitioner was way beyond the limitation period, the respondent no 1 rejected her application.
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