IMPORTANT POINT
Denying compassionate appointment to a married daughter is discriminatory and unconstitutional under GSO 295 and constitutional provisions.

JUDGMENT :

1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

“(A) This Hon’ble Court may be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus and/or any other appropriate writ, order or direction to quash and set aside impugned communication/decision dated 11th April, 2016 at Annexure-A and further may be pleased to declare that action on the part of the respondent company in not granting compassionate appointment to the petitioner is illegal, arbitrary, unconstitutional and may be pleased to direct the respondent company to consider the case of the petitioner for compassionate appointment and also may be pleased to direct the respondent company to allow the present petitioner to join service pursuant to communications dated 18th June, 2015 and 03rd July, 2015 of the respondents;

Amendment carried out as per Hon’ble Court’s order dated 31.01.2019

(A1) This Hon’ble Court may be please to hold and declare that policy of compassionate appointment of the respondent company under clause 9 of GSO 295 to the extent of it excluding a married daughter from the purview of compassionate appointment is illegal, unjust, arbitrary, against the provisions of Article 14 of the Constitution of India and bad in law;

(B) Pending the admission hearing and final disposal of the present petition, this Hon’ble Court may be pleased to direct the respondents to allow the present petitioner to join on duty with the respondent company as Junior Assistant (U.R.) pursuant to communications dated 18th June, 2015 and 03rd July, 2015;

(C) Any other and further relief or reliefs to which this Hon’ble Court deemed fit in the interest of justice, may kindly be granted;”

2. The brief facts giving rise to the present petition are as under :

2.1 The father of the petitioner Murlidhar Gangadhar Shastri was serving at Kosamba Sub Division of respondent – Dakshin Gujarat Vij Company Limited, who expired in an accident on 3rd March, 2006. That the date of birth of the petitioner is 13th December, 1994 and on attaining the age of majority, the petitioner submitted an application before the respondent Company for giving her compassionate appointment. That the application of the petitioner was processed and panchnama and other inquiry was made and verification was carried out and ultimately, it was found that the petitioner is eligible for appointment on compassionate basis and accordingly, proposal for appointment of the petitioner as Junior Assistant (U.R.) was approved by the respondent Company.

2.2 It is the case of the petitioner that, pursuant to the aforesaid communication, on 18th June, 2015, the petitioner was directed by the C.E.O. and Superintending Engineer (O&M), Bharuch, intimated the present petitioner to approach him for verification of certificate. That on 3rd July, 2015, the C.E.O. and Superintending Engineer (O&M), Bharuch, has also intimated the present petitioner to remain present before him with original certificate for verification on 17th July, 2015. That, in the meantime, the petitioner got married before her application was considered and she was not residing at the address where the above referred two communications were made and therefore, the petitioner was not aware about the aforesaid communications, however, the moment it came to the knowledge of the petitioner, she immediately remained personally present before the authority concerned. That, even after the aforesaid all the procedures, again inquiry was conducted by the respondent Company and re-opened the whole inquiry and panchnama was also drawn. However, since the petitioner got married, she was denied compassionate appointment. That on 13th October, 2015, the petitioner also intimated C.E.O and Superintending Engineer (O&M), Bharuch to allow her to report on job. However, she was not allowed to join duty and ultimately, by the aforesaid impugned communication, compassionate appointment