Shatrunjay Bose, Student of law UPES, Dehradun
The Bombay High court passed an important judgment regarding a married daughter’s equality for receiving a government job on the event of her father’s expiry.
Previously jobs were only given to unmarried daughters whose father was a government servant but the same opportunity was denied for married daughters. This legislation violated the equality before law which guarantees that all citizens shall be equally protected by the laws (Article 14). State cannot discriminate against anyone in the matters of employment (Article 16) and right to life (article 21) under the constitution of India.
The court heard a petition which was filed by a 29-year-old Swati Kulkarni against the Maharashtra Irrigation Department’s which decided to reject her claim on the sympathetic reason that her who was a government servant and had passed away.
The department had contended that a provision from 1994 Government Resolution (GR) which stated that only unmarried daughters of deceased government servants can avail this benefit.
The petitioner’s father Ashok Kulkarni had passed away in the year of 2008 while he was in service and the petitioner’s mother and sister had no intention to take the job therefore the petitioner applied for it. Her name was put on the waiting list but subsequently she got married and her name was removed from the list. The petitioner wanted to support her mother and sister on the basis of her own income but she was denied this job. She moved to the high court to challenge the 1994 Government Resolution (GR).
The division bench of Justices SC Dharmadhikari and Revati Mohite Dere yesterday invalidated the decision of the Irrigation Officer’s decision and ordered that Kulkarni’s name must be included in the waiting list as it was denying her right to public employment.
The petitioner’s main intention was to support her family as the father who was deceased was the family’s main breadwinner and she wanted to support her family in the hour of need.