Can't Exclude Married Daughter From Family For Compassionate Appointment: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that married daughters can't be excluded from the family for the purpose of compassionate appointment.

The Court was considering a Petition filed by a daughter against the rejection of her claim for employment on compassionate grounds after the death of her father in harness.

The Bench of Justice Jyotsna Rewal Dua observed, "In the instant case, at the time of death, deceased was survived by his wife and three married daughters i.e. total four members in all. Taking into consideration the assessment formula devised by the respondents, the family of petitioner has to be considered as consisting of four persons......"

The Petitioner was represented by Advocate Onkar Jairath, while the Respondent was represented by Advocate General Anup Rattan.

Facts of the Case

Petitioner’s father was serving as a Junior Basic Trained Teacher in the Respondent-Education Department. He died in harness in 2012. Besides his wife, he was survived by three married daughters, and the Petitioner applied for employment on compassionate grounds during the year 2018. Respondents rejected her claim on the ground that there was no provision for employment on compassionate grounds for a married daughter.

After reconsideration, it was again rejected on two grounds- (i) Petitioner’s claim suffered from delay, having been preferred six years after the death of her father; and (ii) her family income being more than the upper prescribed limit under the policy.

Reasoning By Court

The Court stated that the reasons assigned by the Respondents for rejecting the case of the Petitioner are not tenable.

"The second reason assigned by the respondents about petitioner’s family income being more than the limit prescribed in the policy is also fallacious. Respondents have counted the income of the petitioner’s family by considering it to be a family consisting of two members, whereas it is an admitted position that deceased’s family consisted of four members i.e. his wife and three married daughters. In Rakesh Kuamr Vs. Staeof H.P. and Ors4 it was held that married daughters are liable to be considered as part of family of the deceased and income of the family is to be computed accordingly", the Court observed.

The Petition was accordingly allowed.

Cause Title: Savita vs. State of H.P. and Ors. (2025:HHC:30442)

Appearances:

Petitioner- Advocate Onkar Jairath, Advocate Anshul Jairath, Advocate Piyush Mehta

Respondent- Advocate General Anup Rattan, Additional Advocate General L.N. Sharma, Additional Advocate General Vishwadeep Sharma

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