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

The Supreme Court recently held that a married daughter cannot be said to be 'dependent' on her deceased mother and, therefore, would not be entitled to appointment on compassionate grounds [State of Maharashtra and Another v. Ms Madhuri Maruti Vidhate]..A division bench of Justices MR Shah and Krishna Murari made this clarification on an appeal filed by the Maharashtra government challenging a decision of the Bombay High Court which had confirmed the order passed by the Maharashtra Administrative Tribunal directing appointment of the respondent on compassionate grounds..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..The Supreme Court placed reliance on its decisions in the cases of Director of Treasuries in Karnataka and Another v. V Somyashree (2021) and NC Santhosh v. State of Karnataka (2020), wherein it had summarized the principle governing the grant of appointment on compassionate grounds i.e., to enable the family to tide over the sudden crisis.Accordingly, the Court was of the view that appointing the present respondent now on compassionate grounds would be contrary to the objects and purposes of appointment on compassionate grounds."Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand, to appoint the respondent now on compassionate ground shall be contrary to the object and purpose of appointment on compassionate ground. The respondent cannot be said to be dependent on the deceased employee, i.e., her mother. Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of years from the death of the deceased employee," the Court said. Therefore, the appeal was allowed..[Read Judgment]