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J. J. MUNIR
Sonam – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.
1. This writ petition is directed against an order of the Nagar Ayukt, Nagar Nigam, Kanpur Nagar (for short, 'the Nagar Ayukt') dated 19.08.2023, rejecting the petitioner's claim, seeking compassionate appointment.
2. The petitioner's mother, Rani Devi was a Safai Karmi, employed with the Nagar Nigam, Kanpur Nagar (for short, 'Nigam'). She was last posted in Ward No.105 of the Nigam. She died in harness on 22.09.2012. The petitioner's mother left behind her, her husband and two daughters. Now, the petitioner, Smt. Sonam and her sister, Smt. Santosh Devi wife of Anil Kumar, both are married women. The petitioner has staked claim for compassionate appointment, alleging that she, her husband and her father, who stay with her in the same home, where her deceased mother did, were all dependent financially upon her mother. The petitioner's sister, who stays with her husband, has given a no objection on affidavit to the consideration of the petitioner's claim, saying that she is happily married and self-reliant. The petitioner's father has given an affidavit, which is both in the nature of a no objection and an affirmation of the petitioner's claim. The peti
The definition of 'family' under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, must include married daughters, and the eligibility for compassionate....
Mohammedan Law – Succession – A married daughter cannot claim compassionate appointment as a matter of right specially when she has deliberately omitted to mention eligibility of her mother to get fa....
Married daughters are excluded from the definition of family for compassionate appointments under the applicable rules, and dependency must be established to qualify for such benefits.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
The main legal point established in the judgment is that the restriction on married daughters' eligibility for compassionate appointment, based solely on their marital status, is not constitutionally....
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
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