Back
HARISH TANDON, SHAMPA DUTT (PAUL)
Parveen Halima @ Parveen Begum – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Harish Tandon , J.
The instant appeal is at the behest of the sister of the deceased Group-D employee of a High Secondary School who died while in service.
2. The facts as unfold would reveal that the sister of the appellant was a Group-D staff of Anjuman Girls High School (H.S) and unfortunately died on 14.12.2012. It is pleaded that she was the sole bread earner of the family and left behind her surviving two sisters, a brother and mother. The appellant being the married sister claimed appointment on compassionate ground as the brother and the other sister are also married and live elsewhere. The authority rejected the application as the appellant did not have minimum educational qualification required for appointment to Group-D post and, therefore, cannot be considered for compassionate appointment. It would further reveal that subsequently the appellant passed class-VIII examination and further claimed for appointment but the Single Bench rejected the said application on the ground that since the appellant did not have the requisite educational qualification as on the date of the death of the employee i.e., her sister and also does not come as the heirs within the Hanaf
The court established that sisters are not considered dependents for compassionate appointments under the specific rules governing non-teaching staff, affirming the need for adherence to statutory de....
Sole surviving married daughter entitled to compassionate appointment; rejection on being only survivor, parental employment, pensions, or settlement dues unsustainable without proper financial asses....
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
(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....
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.
Exclusion of married daughters from compassionate appointment based on marital status alone is unconstitutional and violative of the right to equality.
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....
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
