Widowed Daughter Can Claim Deceased Father’s Job, Says Allahabad HC

The Allahabad High Court in a recent order directed appointment of a widowed daughter on the post of her deceased father on compassionate grounds. While granting relief to the widowed daughter, the court held that a daughter who is widowed before the death of her father, would for all legal and practical purposes be included in the definition of ‘daughter.’ 
A bench of Justices Rajan Roy and Om Prakash Shukla granted relief to a widowed daughter seeking appointment to the post of her deceased father noting that she was dependent on her father when he passed away.
The high court while passing the order held that even after marriage or widowhood, a woman would continue to be a daughter. The court relied upon several past orders of the Supreme Court and the high court in arriving at this decision.
”A son is a son until he gets a wife. A daughter is a daughter throughout his life,” the high court order quoted from the Supreme Court verdict in Sunita vs Union of India, where the top court summarised the status of a daughter vis-a-vis other relatives.
The woman had moved the court seeking an appointment in place of her deceased father on compassionate grounds. The deceased father who passed away in 2011, used to serve as T.O.A. (T.L.) in the office of General Manager (Telecom). She filed the suit after the Assistant General Manager (HR), Office of General Manager (Telecom) informed her that as a widowed daughter, she is not listed in the eligibility criteria of the guidelines circulated by its Circle Office, therefore, no action on her application for compassionate appointment is required to be taken.
The woman submitted affidavits of her family members stating that they had no objection if she was appointed to the post of her deceased father. She informed the court that she used to live with her father and her minor son after being widowed and appointing her to the post would enable her to take care of her family members to the best of her capability. 
The bench held that “we have no hesitation to hold that the words ‘daughter (including adopted daughter)’ occurring in Note-I of the Guidelines dated 09.10.1998 includes a married daughter, the only caveat is that such married daughter should be dependent upon her father/mother on the date of his/her death. Now the next question to be considered is whether a ‘widowed daughter’ would be included in the said definition. We are of the opinion that a ‘widowed daughter’ stands on a better footing than a married daughter as, prima facie with the loss of her husband, she also loses her source of livelihood unless of course in the facts of a given case it is found that she is herself employed or has other means of sustenance which are adequate to sustain her in which case she may not have been dependent upon her father, but, unless this is proved, it would be reasonable to draw an inference that she was dependent upon her father unless of course there is evidence to the contrary.”
The court held that even after marriage as also after her widowhood, she continues to be his daughter and her status as such continues even at the time of death of her father. Her widowhood occurred prior to the death of her father, therefore, she was for all legal and practical purposes daughter of the deceased although a widowed daughter, on the date of his death.
”Consequently, this Court holds that a ‘widowed daughter’ would be covered in the definition of ‘daughter’ contained in Note-I of the Guidelines dated 09.10.1998 if she was dependent upon her deceased father or mother on the date of his/her death. The question of dependency is one of fact which is to be determined by the authorities. If such a widowed daughter was not dependent upon her father then she would not be entitled to compassionate appointment under the guidelines,” the court said.