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Prayagraj, 13 May (HS). Allahabad High Court has today ruled that the divorced daughter is not entitled to compassionate appointment. Unless his divorce and dependence on his father is proved.
The High Court has held that unless a divorced daughter can establish that she was dependent on her father before his death, she will not be entitled to compassionate appointment after his death. The court said that the divorced daughter will also have to prove the fact of divorce before the authorities while seeking compassionate appointment. This order has been passed by Justice JJ Munir on the petition of petitioner Akhtari Khatoon.
The Court has held that similarly if on the date of death of the working employee, it can be shown that a married daughter is dependent on him and his widow and minor family members can be looked after by the married daughter. If she is given compassionate appointment, she will take care of the remaining members.
According to the case, the petitioner's father was a mechanic in Purvanchal Vidyut Vitran Nigam Limited and his last posting was under Executive Engineer, Vidyut Vitran Phase-2, Malviya Road, Basti. The petitioner had taken divorce on January 01, 2008 through a divorce deed as per the applicable Shariat law.
It was said that after the divorce, she had gone to her father's house in Village Tilauli, Post Sohnag, District Deoria and was living there since January, 2008. The petitioner claimed that she was the sole legal heir of her father and accordingly, she claimed to be given compassionate appointment after his death. He also represented his father for his retirement dues. The respondents directed him to produce relevant documents to ascertain his claim. The petitioner approached the District Judge, Deoria for grant of succession certificate under the Indian Succession Act, 1925 and the same was granted to him. The court dismissed the petition with the above instructions.
