In a significant judgment, a Division Bench of the Allahabad High Court, comprising Justices Rajan Roy and Om Prakash Shukla, ruled in favor of a widowed daughter seeking a job on compassionate grounds after her father’s death. The Court emphasized that a woman remains a daughter irrespective of her marital status or widowhood and should be considered a dependent if widowed before her father’s passing.
Background
The petitioner’s father, who served as a T.O.A. (T.L.) in the Telecom Department, passed away in 2011. Following his demise, the widowed daughter, who was living with her father and caring for her young son, applied for her father’s position. Her application was supported by affidavits from family members who had no objections.
Despite her qualifications, the Assistant General Manager (HR) rejected her application, citing ineligibility for widowed daughters under the existing guidelines. The petitioner then approached the Central Administrative Tribunal, which upheld the rejection. Determined to seek justice, she moved her case to the Allahabad High Court.
Arguments Presented
- Petitioner’s Counsel:
The counsel argued that the petitioner, being financially dependent on her father, should be included in the definition of a dependent family member. They cited various judgments where widowed and married daughters were recognized as eligible under compassionate appointment schemes. - Respondents:
The respondents contended that the policy did not classify widowed daughters as dependent family members, emphasizing that courts could not alter established policy guidelines.
Court’s Observations and Ruling
The Court undertook a detailed examination of the issue, focusing on three key aspects:
- Dependent Family Member Definition:
The judges deliberated on whether a widowed daughter could legally qualify as a dependent family member under the guidelines. - Legal Precedents:
The Bench referred to several earlier judgments that had affirmed the inclusion of married and widowed daughters in compassionate appointment frameworks. - Economic Dependence:
Acknowledging the economic hardships faced by widowed daughters, the Court noted that such individuals often lose their financial independence and may rely on their parents. It stressed that, in the absence of an independent income, widowed daughters should be considered dependents.
The Court concluded that widowed daughters, if dependent on their deceased parent at the time of their death, should be eligible for compassionate appointments. It directed the competent authority to reassess the petitioner’s case in light of these findings.
This landmark ruling underscores the Court’s progressive stance in recognizing the rights of widowed daughters, ensuring they are not excluded from schemes designed to provide relief to bereaved families.
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