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SANJEEV PRAKASH SHARMA
Jaspreet Kaur – Appellant
Versus
State of Punjab – Respondent
SANJEEV PRAKASH SHARMA, J.
1. This is a civil writ petition filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 07.06.2021 (Annexure P-23), whereby her application for appointment on compassionate grounds, after death of her father, has been rejected solely on the ground that the petitioner was a married daughter and was therefore, not eligible for appointment in terms of the Government instructions dated 21.11.2002.
2. Learned counsel for the petitioner has referred to this Court to a judgment passed in the case of Amarjit Kaur Vs. State of Punjab and another, 2020(3) RCR(Civil) 301, wherein, a Co-ordinate Bench of this Court reached to the conclusion that “a married daughter, who is living with her father along with her husband and children and residing with her mother after death of her father, is totally dependent and would, therefore, be entitled for consideration for appointment under the Scheme of 2002 and held as under:-
Exclusion of married daughters from consideration for appointment on compassionate grounds solely on the ground of gender is violative of Articles 14 & 15 of the Constitution of India.
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 ....
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....
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....
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
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