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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Vinuta, D/o Krishnamurthy – Appellant
Versus
Senior Divisonal Controller – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment on compassionate grounds. (Para 1 , 2) |
| 2. challenge to rejection based on marital status. (Para 3 , 4 , 5) |
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
I) Issue a writ in the nature of Certiorari quashing the endorsement issued by Respondent dated 24/04/2023 vide ANNEXURE-H in No.SANKHYE/KAKARASA/HOVI/SIBBANDI/ANE/528/2023
II) Issue a writ of mandamus directing the Respondent to consider the case of the Petitioner for compassionate appointment as per ANNEXURE - G dated 31/01/2023 in the interest of justice and equity.
III) Issue any other appropriate writ, order or direction as court deems fit to meet the ends of justice.
2. The petitioner is the daughter of an employee of the Corporation, who dies in harness. By the time the death of the employee happens, the petitioner had married. Therefore the claim of the petitioner for seeking appointment of compassionate grounds comes to be rejected on the score that the petitioner is the married daughter.
3. In identical circumstances, this Court considering the entire spectrum of the law in W.P.No.107635/2023 disposed off on 07.02.2025 has held as fo
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
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.
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
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....
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