Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Mani Machha – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for compassionate appointment. (Para 2 , 5) |
| 2. arguments regarding gender discrimination in appointment eligibility. (Para 3 , 4) |
| 3. court's analysis of gender equality and appointment rules. (Para 6) |
Judgment :
To set the tone of this judgment, we reproduce the words of Ruth Bader Ginsberg (1933-2020), Associate Justice of U.S Supreme Court in Kahn v. Shevin , 416 U.S. 351.
2. Petitioner, a poor daughter of a deceased-Mazdoor, is grieving before the Writ Court against Orissa Administrative Tribunal’s order dated 08.11.2011 whereby her O.A. No.835 of 2011 has been negatived. In the said O.A., she had called in question the order dated 09.06.2011 by which her claim for compassionate appointment was turned down by the authorities on the ground that she has married during the pendency of her claim.
4. Learned AGA appearing for the answering Opposite Parties opposes the petition making submission in justification of the impugned orders contending that the compassionate appointment is governed by the provisions of Odisha Civil Service (Rehabilitation Assistance) Rules, 1990; in the definition clause of these Rules, the compassionate appointment avails to
Gender discriminatory practices related to compassionate appointments are unconstitutional; marriage cannot disqualify a daughter from such claims.
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.
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
Exclusion of married daughters from compassionate appointment violates Articles 14 and 15 of the Constitution, affirming that marriage does not sever familial ties for employment eligibility.
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....
Married daughters of deceased Government servants are entitled to be considered for appointment under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, if they fulfill the requirement....
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
