Case Note & Summary
The petitioner, Smt. K. Lakshmi, is the married daughter of a deceased employee of Canara Bank. Her father, who worked as a peon, died in harness on 15.02.2023. She applied for compassionate appointment under the Canara Bank Compassionate Appointment Scheme, 1998. The bank rejected her application through letters dated 15.06.2023, 05.10.2023, and 10.10.2023, on the ground that she was a married daughter and therefore not a 'dependent family member' as per the scheme. The petitioner challenged these rejections by filing a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka. The court examined the scheme's definition of 'family', which includes 'son' and 'daughter' without any distinction based on marriage. The court noted that the bank's practice of excluding married daughters while including married sons is discriminatory and violative of Articles 14 and 16. The court held that the scheme must be interpreted in a gender-neutral manner, and marriage cannot be a ground to deny compassionate appointment to a daughter. The court set aside the impugned letters and directed the bank to consider the petitioner's application for compassionate appointment on its merits, in accordance with the scheme and without discrimination.
Headnote
A) Service Law - Compassionate Appointment - Married Daughter - Canara Bank Compassionate Appointment Scheme, 1998 - The petitioner, a married daughter of a deceased bank employee, sought compassionate appointment. The bank rejected her application on the ground that she was married and therefore not a 'dependent family member' under the scheme. The court held that the scheme's definition of 'family' includes married daughters, and the bank's interpretation excluding married daughters is arbitrary and discriminatory, violating Articles 14 and 16 of the Constitution. The court directed the bank to consider the petitioner's application for compassionate appointment on its merits. (Paras 1-10) B) Constitutional Law - Right to Equality - Articles 14 and 16 - Discrimination on Ground of Marriage - The court held that excluding married daughters from compassionate appointment while including married sons is discriminatory and violates the right to equality. The bank's scheme must be interpreted in a gender-neutral manner, and marriage cannot be a ground to deny compassionate appointment to a daughter. (Paras 5-9)
Issue of Consideration
Whether a married daughter of a deceased employee is entitled to compassionate appointment under the Canara Bank Compassionate Appointment Scheme, 1998, and whether the bank's denial on the ground of marriage is discriminatory and violative of Articles 14 and 16 of the Constitution of India.
Final Decision
The court allowed the writ petition, set aside the impugned letters dated 15.06.2023, 05.10.2023, and 10.10.2023, and directed the respondent bank to consider the petitioner's application for compassionate appointment on its merits, in accordance with the scheme and without discrimination based on marriage.
Law Points
- Compassionate appointment
- married daughter
- dependent family member
- discrimination
- Article 14
- Article 16
- Canara Bank Compassionate Appointment Scheme
- 1998
