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RAJAN ROY, OM PRAKASH SHUKLA
Punita Bhatt Alias Punita Dhawan – Appellant
Versus
Bharat Sanchar Nigam Limited (Bsnl) New Delhi Thru. Its Chairman Cum Managing Director – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Sri Pankaj Kumar Tripathi, learned Counsel for the petitioner and Sri Pratul Kumar Srivastava, learned Counsel for the respondents.
2. By means of this petition, the petitioner has challenged the judgment and order dated 13.01.2023 passed by the Central Administrative Tribunal, Lucknow Bench (hereinafter referred to as ‘the Tribunal’), whereby Original Application No. 332/00/123/2017 filed by the petitioner claiming compassionate appointment on the basis of being widow daughter has been dismissed. In addition, the petitioner is also challenging the direction/instructions issued by the Assistant General Manager (Recruitment), Bharat Sanchar Nigam Limited, Telecom (East), U.P. Circle, Lucknow (respondent No.2) to the effect that widow daughter of the deceased employee cannot claim compassionate appointment.
3. Brief facts of the case are that the petitioner is a widowed daughter. Her father, namely, Om Prakash Bhakta, while working on the post of T.O.A. (T.L. in the office of General Manager (Telecom), died in harness on 12.11.2011, leaving behind wife (Smt. Saraswati Devi), four daughters including the petitioner and a son.
4. On 01.06.2016, the
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'.
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
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....
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.
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
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 the discriminatory nature of excluding married daughters from consideration for compassionate appointment, violating Articles 14 & 15 of the Consti....
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....
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