Back
KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
Priyanka Halamani W/o Late Praveen Halamani – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
This petition seeks to call in question the Service Tribunal’s order dated 04.01.2024 whereby petitioner’s Application No.10005/2024 has been negatived. The grievance of the petitioner before the Tribunal was the non-consideration of her candidature for compassionate appointment.
2. Learned counsel appearing for the petitioner in his usual vehemence submits that the definition of ‘family’ given under Rule 2(b)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, in order to be saved from the vice of arbitrariness has to be construed to include daughter-in- law of the family and if that is done, the petitioner would get employment on compassionate ground. In support of this, he presses into service a Full Bench decision of Alhabad High Court in U.P. Power Corporation Ltd., vs. Urmila Devi, 2011 SCC OnLine All 152, para-8.
3. Learned Government Advocate appearing for the Official Respondents passionately resists the petition contending that the doctrine of separation of power is recognized as a Basic Feature of the Constitution vide Indira Nehru Gandhi Vs. Shri Raj Narayan, AIR 1975 SC 2
The court affirmed that judicial interpretation cannot expand statutory definitions set by the legislature, maintaining the integrity of legislative intent.
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.
The court established that the definition of 'family' in compassionate appointment rules must include widowed daughters-in-law to ensure fairness and address financial distress.
A widowed daughter is eligible for compassionate appointment if she is dependent on her deceased father, as per the guidelines, which include her within the definition of 'daughter'.
The court held that a widowed daughter-in-law is entitled to compassionate appointment as she is an integral part of the family, challenging the exclusion as discriminatory under Articles 14, 15, and....
Marriage does not bring about a severance of relationship between a father and mother and their son or between parents and their daughter. Marriage cannot be regarded as a justifiable ground to defin....
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
