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VIVEK KUMAR BIRLA, DONADI RAMESH
Vibha Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-Heard Sri Prashant Mishra, learned counsel for the petitioner and perused the record.
2. Petitioner is daughter in law of the deceased employee. She filed the present petition for the following relief:
(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.11.2022 passed by the respondent No. 3 rejecting the claim of compassionate appointment of the petitioner.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to reconsider the claim of the petitioner for compassionate appointment.
3. The mother-in-law of the petitioner Smt. Kaushalya Tiwari died in harness on 18.1.2022. At the time of her death, she was serving as class IV employee in the office of respondent No. 3. Smt. Kaushalya Tiwari was survived
The court established that the definition of 'family' in compassionate appointment rules must include widowed daughters-in-law to ensure fairness and address financial distress.
The central legal point established in the judgment is the unconstitutionality of excluding married daughters from the definition of 'family' for compassionate appointment, emphasizing the constituti....
The central legal point established in the judgment is that the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 does not disqualify a married daughter from seeking ....
The court held that a widowed daughter-in-law is entitled to compassionate appointment as she is an integral part of the family, challenging the exclusion as discriminatory under Articles 14, 15, and....
The main legal point established in the judgment is that the term 'widowed daughter' includes 'widowed daughter-in-law' as a 'dependent' under Rule 2(c) of the Rajasthan Compassionate Appointment of ....
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'.
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....
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