Madras High Court
M.Sudha vs The District Collector on 3 April, 2013
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03/04/2013 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD).No.5183 of 2013 M.Sudha .. Petitioner Vs. The District Collector, Thanjavur District, Thanjavur. .. Respondent Prayer Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the record of the respondent in g.K.54564/2012/m1 dated 10.01.2013 and quash the same as unconstitutional, illegal and unlawful and further direct him to provide employment to the petitioner under compassionate ground more particularly within a time frame as may be stipulated by this Court. !For Petitioner ... Mr.J.Pooventhera Rajan ^For Respondent ... Mr.R.Anandaraj GA :ORDER
Heard both sides.
2. The compassionate appointment is denied in the impugned order on the sole ground that the petitioner is a married daughter, i.e. the petitioner was married at the time of death of her father.
3. The impugned order is extracted hereunder:-
"xuj;jehL tl;lj;jpy; fpuhk cjtpahsuhf gzpg[hpe;j jdJ jfg;gdhu; jpU.vk;.kjpaHfd; vd;gth; gzpapilf;fhyj;jpy; fle;j 31.03.2011 md;W nwe;Jtpl;ljhft[k;. nwe;j muR CHpaupd; thuprhd jdf;F fUiz mog;gilapy; gzpepakdk; tHA;FkhW ghh;itapy; fhZk; kDtpy; Bfhupa[s;shh;. kDjhuh; Bfhupf;if bjhlh;ghf guprPypf;fg;gl;lJ.
nwe;j muR CHpaupd; thupRjhuUk;. kfSkhd jpUkjp.V.Rjh vd;gtUf;F mtuJ jfg;gdhu; nwg;gjw;F Kd;Bg kzkhfptpl;ljhy; muR tpjpfspd;go fUiz mog;gilapy; gzpepakdk; tHA;f nayhJ vd;w tpguk; kDjhuUf;F bjhptpf;fg;gLfpwJ.""
4. The petitioner's father was employed as Village Assistant. He died on 31.03.2011, while he was in service. He left his wife and two daughters. Both the daughters were married at the time of death of the Government Servant. When compassionate appointment was sought for, the same was declined by the impugned order that the petitioner is married.
5. As rightly contended by the learned counsel for the petitioner, the matter is squarely covered by a decision dated 02.07.2012 rendered by me in W.P.(MD).No.8686 of 2011. Paragraph 9 of the judgement is extracted hereunder:-
"9. As stated above, if marriage is not a bar in the case of son, the same yardstick shall be applied in the case of daughter also. At this juncture, it is relevant to take note of the statute, namely, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which places equal duty on both the son and daughter to take care of the parents at the old age. Therefore, in the case of death of the parents, there cannot be any unequal treatment among the children based on sex. Further, as rightly contended by the learned counsel for the petitioner, the judgement of this Court reported in 2008 5 CTC 685 (G.Girija V. The Assistant Director (Panchayats) Kancheepuram, Kancheepuram District) applies to the facts of this case. In the said case, the Government servant died on 26.02.1991. The daughter got married on 10.09.2006. She gave an application for compassionate appointment on 02.06.1997. This Court quashed the order declining to give compassionate appointment holding that there cannot be any discrimination between sons and daughters in the case of giving compassionate appointment. The said judgement squarely applies to the facts of this case. Therefore, I have no hesitation to quash the impugned order. Accordingly, the impugned order is quashed and a direction is issued to the respondents to consider the claim of the petitioner for compassionate appointment without reference to the marriage of the petitioner and to pass appropriate orders in the light of this judgement within a period of eight weeks from the date of receipt of a copy of this order."
6. Therefore, the writ petition is allowed and the impugned order is quashed. The respondent is directed to provide compassionate appointment to the petitioner, if she is otherwise eligible, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
jikr To The District Collector, Thanjavur District, Thanjavur.