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SACHIN SINGH RAJPUT
Mamta Rani Verma W/o Madhushudan Verma – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
1. The petitioner, who happens to be the married daughter of the deceased employee late Omkar Prasad Verma has filed this petition seeking compassionate appointment on account of death of her father. He was working as Panchayat Secretary in Gram Panchayat, Bartori, Janpad Panchayat, Tilda, District – Raipur who died in harness on 26/12/2021. Following prayer has been made by the petitioner in this petition -
ii. That this Hon’ble Court may kindly declare the cause No.3 of the compassionate appointment policy dated 27/02/2015 to be void and inoperative so far excluding the married daughter/women from entitlement towards compassionate appointment.
iii. That this Hon’ble Court may kindly be call for the records for its kind perusal which relates to petitioner’s matter.
iv. Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.”
2. Facts of the case in nutshell as projected in the writ petition i
Exclusion of married daughters from compassionate appointments violates Articles 14, 15, and 16(2) of the Constitution, establishing gender equality in public employment.
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.
If the marital status of a son does not make any difference in Law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as ....
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
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....
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
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