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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
C. Kumari – Appellant
Versus
Union of India, Represented by The Chairman & Chief Executive Officer, Railway Board (Ministry of Railways) – Respondent
ORDER :
K.KUMARESH BABU, J.
This writ petition has been filed by the petitioner against the tribunal order dated 08.09.2023 passed by the third respondent who rejected the compassionate appointment of the petitioner's daughter to quash the same and for consequential direction to provide employment.
2. Heard Mr.S.Karthikei Balan, learned counsel for the petitioner and Mr.A.Kumaraguru, learned Central Government Standing Counsel appearing on behalf of the first and second respondents.
3. Mr.S.Karthikei Balan, learned counsel for the petitioner would submit that the petitioner's husband who was working as a Technician Grade-I with the respondents, died while in service on 30.09.2013. He would submit that they had four female children out of the wedlock and all were married at the time of death of the employee. However, their last daughter had separated from her matrimonial family and had been living with her parents from the year 2012. In support of her contention that the youngest daughter was living with them, the learned counsel for the petitioner had produced a complaint given against the son-in-law by her daughter in the year 2012 before Arakonam Police Authorities.
4. He would submit
Married daughters can apply for compassionate appointment if they establish dependency on the deceased employee, overriding conventional restrictions on eligibility based solely on marital status.
Married daughters may seek compassionate appointment, contingent upon proving financial dependency and fulfilling established governmental guidelines.
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 ....
A married daughter is eligible for compassionate appointment if she is dependent on the family and does not have any independent source of income.
Compassionate appointment for married daughters is limited by eligibility criteria, specifically the presence of siblings and the family's financial condition, as per relevant government orders.
Married daughters are eligible for compassionate appointment; non-speaking orders that affect rights violate natural justice.
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
Compassionate appointments -If - 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 shou....
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