“Grossly Irrational”: AP High Court Quashes Order Denying Daughter Of Deceased ESI Employee Compassionate Appointment On Ground Of Marriage
The Andhra Pradesh High Court has recently set aside an order passed by the Joint Director, Insurance Medical Services (Respondent 3), who rejected compassionate appointment to the younger daughter of a deceased ESI dispensary employee on the ground that she was married and therefore was no longer dependent on her father, despite the daughter's husband being unemployed and the couple having...
The Andhra Pradesh High Court has recently set aside an order passed by the Joint Director, Insurance Medical Services (Respondent 3), who rejected compassionate appointment to the younger daughter of a deceased ESI dispensary employee on the ground that she was married and therefore was no longer dependent on her father, despite the daughter's husband being unemployed and the couple having no independent source of income.
Against this backdrop, Justice Kiranmayee Mandava observed,
“The distinction sought to be made by the respondents between a married daughter and a son fails the test of reasonableness. Further, the observation made by the respondents that once a daughter gets married, she would no longer be considered a dependent is grossly irrational.”
Noting that the reason accorded for the rejection of application was not sustainable, the Single Judge held,
“… the impugned order is set-aside and the respondents are directed to issue fresh proceedings pursuant to the proceedings of the 3rd respondent dated 01.12.2021 and 08.12.2021.”
Background
The petitioner's father (deceased) worked as MNO at the ESI Dispensary in Bhimavaram, and left behind his wife and two married daughters as legal heirs. The petitioner's husband was unemployed and they did not have any properties to their name. With no earning member in the family, the petitioner, who was the youngest daughter, sought compassionate appointment.
While Respondent 3 had issued proceedings for granting compassionate appointment to the petitioner to the post of Junior Assistant at the dispensary of the Incharge Medical Officer (Respondent 5), the same was cancelled vide order dated 22.01.2022, on the grounds that the petitioner was married and living with her husband, and thus, cannot be treated as dependent. Aggrieved, the petitioner approached the High Court.
It was the case of the petitioner that she and her husband do not have a definite source of income and were highly dependent on her father. She argued that a married daughter is entitled to seek compassionate appointment and that her elder sister had no objection for granting the compassionate appointment to the petitioner and had also provided no objection to the said effect.
On the contrary, Respondent 3 submitted that the idea behind granting compassionate appointment is to provide relief to dependents of the deceased employee, and the petitioner was no longer dependent on her deceased father after her marriage. It was further argued that the rules prescribed in a Government Memo dated 20.03.2004 do not permit granting compassionate appointments to married daughters unless they meet the specific dependency, and that there were no other existing guidelines or rules that allow appointment of a married daughter.
Setting aside the order of cancellation of compassionate appointment, the Court held that the reason for cancellation of compassionate appointment was “grossly irrational” and subsequently ordered fresh proceedings to be initiated.
Accordingly, the writ petition was disposed of.
Case Details:
Case Number: WRIT PETITION NO: 42605 OF 2022
Case Title: NIMMALA SARADA v. THE STATE OF AP and others