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Married Woman cannot be said to be ‘dependent’ on her deceased mother for compassionate appointment: Supreme Court

The father of the respondent was in the clerical cadre serving with the appellant. After his death, his wife, i.e., mother of the respondent was appointed on compassionate ground. However, she died while in service.

Thereafter, the elder sister of the respondent made application seeking appointment on compassionate ground.

However, the application was rejected by way of communication dated August 18, 2011 on the ground that she cannot be given the appointment on compassionate ground that she was married.

On February 26, 2013, the State of Maharashtra issued a circular stating that the employment has to be provided to one of the legal heirs and representatives of the deceased government servant on compassionate grounds.

Thereafter, the present respondent who is the younger married daughter of the deceased employee applied for appointment on compassionate ground on March 12, 2013. However, the same was rejected by way of an order dated April 23, 2013.

After two years of rejection, the respondent moved an application before the tribunal for appointment on compassionate ground. This application was allowed by order dated March 24, 2017 whereby, it was directed to consider the respondent’s case for appointment on compassionate ground.

The High Court upheld the order of the tribunal leading to the appeal before the top court.

Source: Barandbench

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