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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Satyabhama Biswal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's application for compassionate appointment. (Para 1 , 2 , 3) |
| 2. court's analysis of case law and applications. (Para 4 , 7 , 11) |
| 3. arguments regarding authority and dependency. (Para 5 , 6) |
| 4. interpretation of rules on married daughters. (Para 8 , 9 , 12) |
| 5. counterarguments on dependency rejected. (Para 10) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner has filed this writ application with the following prayer;
“It is therefore prayed that, this Hon’ble Court may graciously be pleased to admit this writ petition, issue notice to the Opposite Parties and after hearing the counsels for the parties be pleased to set aside the order dated 23.08.2023 vide Memo No. 2357 under Annexure-1 passed by the Opp.Party No.2, the Collector, Puri in the interest of Justice.
And further be pleased to direct the Opposite Party No.2 to give her appointment in view of the judgment dtd. 15.09.2022 passed in W.P.(C) No.14945 of 2015 (Khirabdhi Bala Behera).
And or pass any other order/orders, direction/directions as deem fit and proper in the facts and circumstances of the case.”
2. The facts of the case are that the petitioner is the son of one Michhu Biswal, who was serving as a
A married daughter is entitled to compassionate appointment under the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990, as the exclusion based on marital status is unconstitutional.
Compassionate appointment under the Odisha Civil Service Rules is only available to unmarried daughters, and delay in application processing does not confer eligibility if marital status changes.
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....
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
The exclusion of married daughters from compassionate appointment eligibility is unconstitutional, violating Article 14, as it lacks rational justification regarding financial dependency.
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