Excelsior Correspondent
Srinagar, Jan 31 High Court today directed the SKIMS authorities to process the case of compassionate appointment of married daughter of its employee who died in service. It said that a married daughter if dependent on deceased employee can’t be denied benefits of compassionate appointment.
The petitioner-Shabeena Khan approached the court to be appointed in SKIMS on compassionate grounds as her mother who died in harness while serving as Senior Technician in the Institute. The SKIMS authorities have denied her compassionate appointment on the ground that she is married daughter of the deceased employee and cannot be granted appointment in the Institute on compassionate grounds.
The petitioner counsel Lone Altaf, however, submitted before the court that though the petitioner was married, yet she was taken as Khana Nisheen daughter by the deceased and her case came to be processed and forwarded to the Competent Authority of SKIMS through proper channel. However, the Competent Authority of SKIMS opined that the petitioner was not entitled to compassionate appointment for the reason that under SRO 43 of 1994, a female Government servant after marriage is not dependent upon her parents.
Advocate Lone in rebuttal of this action taken by the SKIMS, informed the court that a certificate of dependence upon the deceased Government employee as is required under SRO 43 of 1994 was also issued by the Additional Deputy Commissioner, Srinagar. The court of Justice Sanjeev Kumar while considering the case in its facts and circumstance also rejected the arguments of SKIMS counsel that the dependence certificate having been issued by the Competent Authority (ADC) after two years of death of the Government employee was not entertainable as the same should be issued within one year from the death of deceased employee.
Justice Kumar after perusal of the dependent certificate issued by the Additional Deputy Commissioner, Srinagar said, it clearly transpires that the certificate has been issued by him on the request received by him from the Administrative Officer (Personnel) of SKIMS and the plea of the respondent-SKIMS that the dependent certificate was submitted beyond a period of limitation of one year is grossly misconceived and preposterous to say the least.
“For the foregoing reasons, I find merit in this petition and by a writ of certiorari, quash the impugned communication issued by the SKIMS. A direction is issued to the respondent to have the dependent/legal heir certificate issued by the Additional Deputy Commissioner, Srinagar re-verified. A communication in this regard shall be issued by the respondent-SKIMS within two weeks from today”, Court directed.
Court further directed the Additional Deputy Commissioner, Srinagar, on receipt of request from the SKIMS, shall re-verify the certificate of dependence earlier issued by his office by taking note of the fact that the petitioner, at the relevant time, was married and was having husband and two kids. “Should the Additional Deputy Commissioner, Srinagar on re-verification certifies the dependency of the petitioner, which he will do within four weeks from the date of receipt of the request, the respondent-SKIMS shall process the case of the petitioner for compassionate appointment and consider her for such appointment within a period of four weeks thereafter”, read the direction.
Court while referring to the relevant rule governing the field, said the same does not make distinction between a son and a married son or a daughter and a married daughter but provides that such a son or a daughter whether married or unmarried, must be dependent on the deceased. Court said, there could be many instances where an unmarried daughter, who is gainfully employed in a public or private sector, may not be dependent upon the deceased employee. “The instances are not far to be found where a married daughter may still be dependent upon the earnings of the deceased Government employee. An unemployed non-earning divorced daughter may still be dependent upon her parents. Even a married daughter having a physically challenged or fully disabled husband may be dependent upon the earnings of her parents. It is, thus, not correct to generalize that a married daughter or for that matter a married son can never ever be dependent upon the parents”, Justice Kumar clarified.
Court after quoting the rule position added that once the statutory rules governing the compassionate appointment do not make any distinction between a dependent daughter and a dependent unmarried daughter, it is not open to the employer to carve out this distinction of its own to deny the benefit of compassionate appointment to the dependent family member of its employee dying in harness.
Justice Kumar further added that it is not open to the employer to deny the appointment to such member by constricting and limiting the definition of the family member when family member of the deceased employee, whether spouse, a son married or unmarried, a daughter married or unmarried, adopted son married or unmarried, adopted daughter married or unmarried, adopted sister or brother married or unmarried, is found on enquiry by the competent Authority dependent upon the deceased Government employee.
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