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AJIT KUMAR
Babita Thakur – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Ajit Kumar, J.)
Heard Sri P.K. Upadhyay, learned counsel for the petitioner and Ms. Archana Tyagi, learned Additional Chief Standing Counsel for the State-respondents.
2. Petitioner's claim for compassionate appointment has been rejected only on the ground that she was a divorced daughter and divorced daughter did not come within the definition of unmarried daughter as stood in the relevant rules framed for compassionate appointments namely U.P. Government Servant Dying in Harness Rules, 1974 (amended from time to time).
3. The order impugned dated 12.9.2019 has been assailed on the ground that the division bench judgment of this Court in Writ Petition No. 60881 of 2015 (Smt. Vimla Srivastava v. State of U.P. and another) decided on 4.12.2015, rendered words and expressions ''unmarried daughter'' as totally unconstitutional being discriminatory and arbitrary and, therefore, violative of Article 14 read with Article 16 of the Constitution of India. This judgment was later on followed in Special Appeal Defective No. 863 of 2015 (Neha Srivastava v. State of U.P. and another) decided on 23.12.2015 and further special leave petition against the judgment of Neha Srivastava ca
The court established that divorced daughters are entitled to compassionate appointment, aligning with constitutional principles of equality and non-discrimination.
Marriage does not bring about a severance of relationship between a father and mother and their son or between parents and their daughter. Marriage cannot be regarded as a justifiable ground to defin....
The exclusion of married daughters from the definition of 'dependent' in Rule 2(c) of the Rules of 1996 was discriminatory and violative of Articles 14 to 16 of the Constitution of India.
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....
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
A widowed daughter is eligible for compassionate appointment if she is dependent on her deceased father, as per the guidelines, which include her within the definition of 'daughter'.
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