The Madras High Court has declared a government order from August 18, 2021, issued by the Social Welfare and Women Rights Department, illegal for excluding male heirs from compassionate appointments under the Noon Meal Scheme.
The bench of Justice D Bharatha Chakravarthy ruled that this restriction violates Articles 14 and 16 of the Indian Constitution.
A plea was filed before the high court by one G Karthikeyan whose mother, employed as a cook at Government Higher Secondary School, Keelaiyur, died while in service. His application for a compassionate appointment was denied, citing the government order that reserves all Noon Meal Scheme posts for women.
The court noted that while reserving Noon Meal Scheme posts for women is acceptable, denying compassionate appointments to male heirs is discriminatory.
“The only thing is that the impugned Government Order states that since all the posts are reserved only for women candidates, compassionate appointment cannot be considered in respect of male candidates. The said reasoning makes a discrimination on the basis of sex,” the court asserted.
It stressed that it not only affects the male children of female employees but effectively puts the female employees a par below to that of their male counterparts.
The court emphasised that the purpose of compassionate appointments is to aid families in financial distress, and such appointments should not be denied solely because the deceased employee’s heir is male.
“Just because the woman employee has left only a male legal heir/son, then, compassionate appointment cannot be deprived,” the court held.
Therefore, holding that the government order dated August 18, 2021, discriminates, the court declared it illegal.
Furthermore, the court directed that the petitioner’s application be forwarded to the District Collector for consideration for other suitable posts under the general pool.
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