The Karnataka High Court has jurisprudentially established that married daughters, whose financial sustenance is contingent upon their husbands, are precluded from seeking compassionate appointments as substitutes for their deceased fathers.
In a case where a married daughter, cohabiting with her spouse, petitioned for a compassionate appointment in lieu of her deceased father within the Life Corporation of India (LIC), the Court adjudicated in favour of dismissal. The Bench underscored the ineligibility of married daughters to obtain compassionate appointments in conformity with Clause 21 (ii) of the LIC Recruitment of Staff Instructions.
“Our scriptures injunct “bharta rakshati yavvane…” literally meaning that it is the duty of husband to provide maintenance to his dependent wife”, the Bench headed by Chief Justice Prasanna B. Varale and comprising Justice Krishna S Dixit noted.
Attorneys Mahabalesh K Patil and Vijetha R Naik served as legal representatives for the Appellant.
The Writ Appeal in question was instituted to challenge the verdict of the Trial Court, which had previously dismissed the claim for compassionate appointment.
The Court took cognizance of the fact that the Appellant had entered into matrimony long before the prevailing circumstances. It underscored the legal status and regulatory authority of the LIC Recruitment of Staff Instructions, treating them as an instance of subordinate legislation. Relying upon the legal precedent established in the case of the State of Maharashtra v Madhuri Maruti Vidhate, the Bench elucidated that there exists no legal doctrine guaranteeing maintenance entitlement to a married daughter cohabiting with her husband with regard to her deceased father.
In consonance with this understanding, the Court affirmed the prior dismissal of the Appeal.
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