The Supreme Court recently dismissed a petition filed by a married daughter seeking compassionate appointment after her father, a government employee, passed away. The Court rejected the claim as the widowed mother did not sponsor her daughter’s application and instead nominated her son for the position.
The petitioner challenged a Madhya Pradesh High Court judgment from April 2021, which upheld the rejection of her application on similar grounds. The High Court had ruled that under the Scheme for Compassionate Appointment in Madhya Pradesh, Rule 2.2 requires the surviving spouse to nominate a child for the job.
The daughter argued that her mother opposed her application because she had filed a partition suit for family property. She also cited a 2021 Supreme Court judgment in The State of Karnataka & Ors. v. C.N. Apporva Shree & Anr., which held that married and unmarried daughters should be treated equally in compassionate appointments.
However, Justice Ajay Rastogi, along with Justice CT Ravikumar, clarified that while there should be no discrimination, Rule 2.2 specifically mandates the surviving spouse’s authorization for such appointments. Since the rule did not favor her case, the Court dismissed the petition.
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