Case Title: Smt. H. Kamakshi vs The State of Andhra Pradesh
Court: High Court of Andhra Pradesh, Amaravati
Case No.: W.P (AT) No. 2139 of 2021
Judge: Hon’ble Justice Smt. Sumathi Jagadam
Date: 17 March 2025
A widowed daughter-in-law is also part of the deceased employee’s family and deserves a compassionate job to avoid financial hardship.
Case Analysis
- Kamakshi, from Rayadurg (Anantapur), is the widow of Late H. Vannurappa.
- Her mother-in-law, S. Kullayamma, worked as a Public Health Worker in Rayadurg Municipality.
- After Kullayamma’s death on 12 Nov 2011, Kamakshi applied for a compassionate appointment, saying she and her children depended completely on her mother-in-law’s salary.
- But the Municipality rejected her request using G.O.Ms.No.687 (1977) and G.O.Ms.No.612 (1991) — these rules only allowed wife, son, or unmarried daughter of the deceased employee, not the daughter-in-law.
- Kamakshi felt this was unfair and approached the High Court after her petition was first filed in the Administrative Tribunal.
Petitioner’s (Kamakshi’s) Arguments
- After marriage, a daughter-in-law becomes part of her husband’s family, so she should be treated as a dependent.
- Excluding a widowed daughter-in-law is against equality under Articles 14, 15, and 16 of the Constitution.
- The goal of compassionate appointment is to support families in sudden financial crisis — so rejecting her defeats the purpose.
- Other courts already supported this idea:
- U.P. Power Corporation Ltd. v. Urmila Devi (Allahabad HC)
- Smt. Pinki v. State of Rajasthan
- Smt. Duliya Bai Yadav v. State of Chhattisgarh
Government’s Arguments
- As per existing G.O.s (687 & 612), daughter-in-law is not included in the eligible family list.
- So the rejection was as per rules.
- Also said Kamakshi was working as a contract worker since 2008, so she was not in extreme financial trouble.
Court’s Observations
- Purpose of Compassionate Appointment:
It is meant to help the family of a deceased employee face financial problems immediately after death. - Definition of Family:
A widowed daughter-in-law still belongs to her husband’s family, even after his death.
Excluding her is unfair and illogical. - Comparison:
If a widowed daughter (who lives with her parents) is eligible,
then a widowed daughter-in-law (who lives with and supports her in-laws) should also be eligible. - Social Context:
In Indian culture, a daughter-in-law is treated like a daughter.
So denying her compassionate appointment goes against social justice and equality.
The Court also mentioned similar supportive cases from other states like Uttar Pradesh, Rajasthan, and Chhattisgarh that accepted widowed daughters-in-law as dependents.
Final Judgment
- The High Court cancelled the Municipality’s rejection order (ROC No.582/2016/F1, dated 05.10.2016).
- Ordered the Government to reconsider Kamakshi’s case within 2 months.
- Declared that excluding widowed daughters-in-law from the scheme is unconstitutional and violates Articles 14, 15, and 16.
- No costs were ordered.
