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VENKATA JYOTHIRMAI PRATAPA
E. Sandhya – Appellant
Versus
Union of India – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking Certiorari, for the following relief:
2. The facts of the case, in brief, are as follows:
a. The petitioners 1 and 2 are the mother and son respectively. One E.Lakshminarayana[hereinafter referred to as 'the deceased'] (who is the husband of the petitioner No. 1 while alive, worked as Mechanical (CMW) Fitter, in respondent-Railways from 10.10.1972 to 08.01.2006. He died while on duty on 08.01.2006.
b. During the life time of the said E.Lakshminarayana, with the consent of his first wife, namely, E.Komala (since she was issueless), he
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
(1) Compassionate Appointment – Descent cannot be a ground for denying employment under scheme of compassionate appointments.(2) Compassionate Appointment – Appellant cannot be denied consideration u....
Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
Compassionate appointment is a concession and should be restricted to genuinely deserving families, with strict scrutiny of various parameters.
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
Compassionate appointment is a benevolent scheme aimed at providing immediate financial relief to the family of a deceased government employee, and the requirement of being a 'local candidate' should....
Exclusion of married daughters from compassionate appointment violates Articles 14 and 15 of the Constitution, affirming that marriage does not sever familial ties for employment eligibility.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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