Karnataka High Court Says Married Daughter Not Eligible for Compassionate Appointment After Father’s Death
The Karnataka High Court has upheld an order stating that a married daughter living in her husband’s home cannot claim compassionate appointment after her father’s death.
The court said that compassionate appointment is meant to give immediate financial help to a family facing crisis after the death of an employee.
The case was related to a woman who applied for compassionate appointment after her father’s death. Her earlier petition was rejected by a single judge. The judge said she was not eligible because she is a married daughter and did not prove financial dependency.
The appellant, Laxmi, a 42-year-old woman, is the daughter of a deceased attender in the Belagavi District Court. She had challenged the earlier rejection of her request.
A Division Bench of Justices B M Shyam Prasad and Shivashankar Amarannavar at the Dharwad Bench agreed with this decision. The court said compassionate appointment is not a matter of right or inheritance, especially for a married daughter living in her matrimonial home.
The court explained that compassionate appointment is only for family members who were financially dependent on the deceased employee. It is meant to help families facing immediate financial problems.
The court also noted that there was a long delay in her case. Because of this delay, the financial condition of the family may have improved. If the family is managing well without financial difficulty, then compassionate appointment may not be allowed.
It was also found that the appellant had hidden an important fact. Her earlier application for compassionate appointment was rejected in 2007 by the Registrar General of the High Court. The reason was that she was a married daughter living with her husband’s family, which is against the rules.
She did not inform the court about this earlier rejection when she filed her petition. Because of this, the court had initially allowed her to apply again.
Later, in 2016, her new application was again rejected by the District and Sessions Judge. She then approached the High Court, but her petition was dismissed again.
The court also referred to an earlier judgment in the case of Mrs. Megha J v. Life Insurance Corporation of India. In that case, the court had said that a married daughter living in her matrimonial home is generally not considered dependent on her father.
Finally, the Division Bench dismissed the appeal filed by Laxmi and upheld the earlier decision.
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