Widowed Daughter Eligible for Compassionate Appointment under BSNL Scheme: Allahabad High Court

A widowed daughter, if dependent upon her deceased parent, stands on a stronger footing than a married daughter and must be considered eligible under the compassionate appointment scheme: Allahabad High Court overturned the decision of Bharat Sanchar Nigam Limited (BSNL) and the Central Administrative Tribunal, which had rejected a widowed daughter's claim for compassionate appointment. The Court held that excluding widowed daughters from the definition of "dependent family member" under the BSNL compassionate appointment scheme violated constitutional principles, particularly Articles 14, 15, and 16 of the Indian Constitution.

The petitioner, Punita Bhatt (alias Punita Dhawan), applied for compassionate appointment following the death of her father, Om Prakash Bhakta, a BSNL employee, in 2011. Bhatt, who was widowed in 2009 and resided with her father at the time of his death, provided affidavits from her family confirming her dependency and no objection to her appointment. However, her application was rejected, with BSNL citing guidelines that did not explicitly include "widowed daughters" within the scope of "dependent family members."

The Central Administrative Tribunal upheld BSNL’s decision, prompting Bhatt to file a writ petition before the Allahabad High Court.

The Bench, comprising Justice Om Prakash Shukla and Justice Rajan Roy, focused on the petitioner’s dependency status, noting:

“A widowed daughter, prima facie, loses her primary source of support upon the death of her husband and, in most cases, is dependent on her parental family. This dependency fulfills the criteria under compassionate appointment schemes meant to provide relief to financially distressed families.”

The Court relied on earlier precedents, including Smt. Vimla Srivastava v. State of U.P., which held that married daughters should not be excluded from compassionate appointment schemes if they were dependent on the deceased employee.

The Court highlighted the constitutional principles of equality and non-discrimination, stating:

“Excluding widowed daughters while considering married sons for compassionate appointment is inherently discriminatory. Such distinctions, without a rational basis, contravene Articles 14, 15(1), and 16(2) of the Constitution.”

It added:

“Marriage does not sever a daughter’s ties with her parental family. A widowed daughter, having lost her husband, continues to be her parent’s child and may remain dependent on them. This status must be acknowledged under the scheme.”

The Court scrutinized the guidelines issued by BSNL and found them lacking clarity on the inclusion of widowed daughters. It observed:

“The guidelines define ‘daughter’ without qualifying it as ‘unmarried.’ The exclusion of widowed daughters is not explicitly stated and appears to be an interpretative oversight rather than a substantive prohibition.”

The Court further noted that procedural documents, like BSNL’s weightage system, could not override the primary objective of the compassionate appointment scheme outlined in the 1998 Office Memorandum.

The Court quashed the Tribunal’s decision and directed BSNL to reconsider Bhatt’s application based on her dependency status. It instructed:

“The petitioner’s claim must be assessed within the existing weightage system, but it cannot be rejected solely on the grounds that she is a widowed daughter. A decision must be made within two months.”

This landmark judgment reaffirms the judiciary’s commitment to upholding constitutional principles in employment policies. By emphasizing the equal treatment of widowed daughters, the Allahabad High Court has set a precedent for compassionate appointment schemes across public sector undertakings.

Date of Decision: November 22, 2024