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J. J. MUNIR
Akhtari Khatoon – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J. - The petitioner's father, the late Nasir Ahmad, was a Centrifugal Mechanic in the employ of the Purvanchal Vidyut Vitran Nigam Limited (short, 'the Corporation'), and last posted in the establishment of the Executive Engineer, Electricity Distribution Phase-III, Malviya Road, Basti. The petitioner was married to one Nisar Ahmad, who is said to have divorced her through a Talaqnama dated 1.1.2008, pronouncing a Talaq upon his wife, in accordance with the Shariat Law, applicable to parties. The divorce, according to the Talaqnama was pronounced in the presence of two competent witnesses. After the petitioner's divorce, it is her case that she came back to her father's house at Village Tilauli, Post Sohnaag, District Deoria and is living there since January, 2008. A copy of the certificate of residence dated 12.4.2010 issued by the Deputy Collector on behalf of the Collector is on record.
2. The petitioner says that she is the only legal heir of the late Nasir Ahmad and for the said reason, has staked claim to a compassionate appointment. It is also said that for the same reason, she has applied for the payment of her father's retiral dues vide a repre
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.
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....
Compassionate appointment is not a vested right and must consider the financial condition of the deceased employee's family, which was not in distress in this case.
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....
Point of law : It is well settled that compassionate employment is given solely on humanitarian grounds with the sole object to provide immediate relief to the employee’s family to tide over the sudd....
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....
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