Supreme Court Rules Married Daughters Eligible for Compassionate AppointmentBenefits
Supreme Court Upholds Equal Rights of Married Daughters in Compassionate Appointments
In a landmark judgment reinforcing the principles of equality and social justice, the Supreme Court of India has ruled that married daughters cannot be denied compassionate appointment benefits solely on the basis of their marital status.
A Bench comprising Justices P.S. Narasimha and Alok Aradhe observed that excluding married daughters from the definition of “family” for the purpose of compassionate appointments is arbitrary, unjustified, and constitutionally unsustainable. The Court emphasized that marriage does not automatically sever a daughter's ties with her parental family, nor does it eliminate her dependency on them.
The judgment came while hearing an appeal filed by a married daughter of a deceased fair price shop dealer, whose claim for compassionate appointment had been rejected under a government order that excluded married daughters from consideration. Setting aside the earlier view, the Court held that the objective of compassionate appointment is to provide immediate relief to families facing financial hardship, and marital status alone cannot be a valid criterion for exclusion.
The Court further noted that dependency, financial need, residence, and the applicant’s ability to fulfill the responsibilities attached to the post are the relevant factors to be considered. These aspects must be assessed on the facts of each case rather than presumed based on whether a daughter is married.
Highlighting changing social realities, the Supreme Court observed that many married daughters continue to support, reside with, or remain dependent on their parents. At the same time, not all sons are necessarily dependent on the family. Therefore, dependency cannot be conclusively determined by marital status alone.
The verdict is being seen as a significant step towards gender equality and the recognition of daughters as equal members of their parental families. It is expected to influence future policies and service rules relating to compassionate appointments and other welfare measures across government departments and public institutions.