In a significant judgment,the Gujarat High Court has ruled that a divorced woman cannot claim a government job on compassionate ground as an unmarried daughter following the death of her father.
A division bench of Justices A L Dave and C L Soni pronounced a judgment in this regard recently while deciding the petition of one Nirmala Solanki,who had demanded an appointment on compassionate ground following the death of her father who was with the Gujarat Police.
Rejecting the petition of Nirmala,a divorcee,the court while referring to the state governments scheme of giving compassionate appointment held that the two categories unmarried and divorcee cannot be equated with each other nor can they be merged with each other.
According to the facts of Nirmalas case,she got married on May 26,2009. However,following some matrimonial disputes,she started living with her father from April 10,2010. Meanwhile,on June 9,2010,Nirmalas father died. Subsequently,she got divorce on August 15,2010.
Two days later,on August 17,she made an application to the state authorities for appointment on compassionate ground due to the death of her father. But the government rejected the application.
Nirmala later challenged this decision at the HC and a single-judge bench dismissed the same. She then filed an appeal against this before a division bench. Referring to the governments scheme for compassionate appointment,her counsel had argued that for all practical purposes,Nirmala was and had to be treated as unmarried daughter.
However,the court decided against this while holding that the present scheme of the government to give compassionate appointments would not be applicable to a divorced daughter.
A lady has to leave behind her status of being unmarried to acquire the status of being a married person. And the status of divorced would presuppose that the lady is married before being divorced. Simply going back to fathers family after marriage,whether as divorcee or otherwise,cannot give to her today the status of being unmarried, the bench observed while dismissing Nirmalas appeal.