Observing that there cannot be any discrimination between sons and daughters in case of giving appointments on compassionate ground, the Madurai Bench of the Madras HC has directed the State to provide a job on compassionate grounds to a married daughter of a deceased Government servant.
Allowing a petition filed by M Sudha of Orathanadu in Thanjavur district, Justice D Hari Paranthaman said that if marriage is not a bar for such appointments in the case of son, the same yardstick shall be applied in the case of daughter also.
Citing 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 during old age, the judge said “Therefore in the case of death of the parents, there cannot be any unequal treatment among the children based on gender.”
Petitioner submitted that her father Mathialagan was employed as Village Assistant in the Revenue Department. He died on March 31, 2011, while in service. His daughters, including the petitioner, were married at the time of his death.
Sudha approached the Thanjavur Collector seeking a job on compassionate grounds. However, the Collector declined to entertain her request citing that she was married.