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SANJEEV KUMAR
Shabeena Khan – Appellant
Versus
Director, SKIMS – Respondent
JUDGMENT :
Sanjeev Kumar, J.-The petitioner is a married daughter of late Saleema Khan, who died in harness while serving as Senior Technician in the Sher-e-Kashmir Institute of Medical Sciences, Soura, Srinagar [SKIMS]. On the death of her mother, namely Saleema Khan, the petitioner, claiming to be the dependent family member of the deceased Government employee, applied for appointment on compassionate grounds in terms of the Jammu and Kashmir (Compassionate Appointment) Rules,1994 (for short, Rules of 1994) issued by the Government vide SRO 43 of 1994. The petitioner claimed her dependence on the deceased mother on the ground that though she was married, yet she was taken as Khana Nisheen daughter by the deceased. Her case came to be processed and forwarded to the competent Authority of SKIMS through proper channel. A certificate of dependence upon the deceased Government employee as is required under SRO 43 of 1994 was also issued by the Additional Deputy Commissioner, Srinagar on 06.10.2016.
2. It appears that when the matter came up for consideration before the competent Authority of SKIMS, it was opined by the competent Authority that the petitioner was not entitled to compas
The exclusion of the married daughter from the definition of 'dependent' under the Rules of 1996 was discriminatory and violative of constitutional provisions. The purpose of compassionate appointmen....
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.
Compassionate appointment time limit for minors computed from attaining majority, not father's death.
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
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....
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