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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Laxmi W/o Chetan Sanadi – Appellant
Versus
Managing Director, Karnataka State Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. petition seeking compassionate appointment after mother's death. (Para 1) |
| 2. previous court rulings on married daughters' eligibility for compassionate appointment. (Para 3 , 4) |
ORDER :
1. The petitioner is before this Court seeking the following prayer:
a. Quash the order/endorsement dated. 03-08-2023 (Annexure-A) issued by Respondent No.2 rejecting the petitioner’s application for compassionate appointment.
b. Direct the Respondents to consider the petitioner s case for compassionate appointment, without disqualifying her on the ground of being a married daughter, and appoint her to a suitable post commensurate with her qualifications.
c. Pass such other order(s) as this Hon’ble Court may deem fit in the interest of justice and equity.
2 . The mother of the petitioner was an employee of the respondent - Karnataka State Road Transport Corporation. The mother dies in harness on 01.09.2021. The petitioner claiming to be the dependent daughter submits an application seeking appointment on compassionate grounds. The said claim comes to be rejected on the score that she is a married daughter and would not come within the definition of daughter as obtaining under the extant
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 cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
Point of law: undisputedly the petitioner is the elder daughter of the deceased and she along with her husband is staying at the place of the deceased even after her marriage. In the society, there a....
Married daughters of deceased Government servants are entitled to be considered for appointment under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, if they fulfill the requirement....
The exclusion of married daughters from the definition of 'dependent' in Rule 2(c) of the Rules of 1996 was discriminatory and violative of Articles 14 to 16 of the Constitution of India.
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