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J. J. MUNIR
Kumari Manisha – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order of the Superintendent of Police, Maharajganj dated 2.7.2017, rejecting the petitioner's claim for compassionate appointment.
2. The petitioner, Kumari Manisha, is the daughter of the late Virendra Prasad, a Constable in the Government Railway Police. He died in harness on 26.8.2013, after an illness. The late Virendra Prasad had two wives. Smt. Dulari Devi, he had married first, born of whom were two sons, Umesh Kumar, Rakesh Kumar and four daughters, Km. Sarita, Km. Suman, Km. Punam and Km. Renu. He married a second time Smt. Saraswati Devi, of whom were born three daughters, to wit, Km. Manisha (the petitioner), Km. Isha and Km. Nisha. The petitioner says that the late Virendra Prasad had solemnized his marriage with Smt. Saraswati Devi, with the consent of his first wife as well as the other family members. Therefore, both wives are said to hold equal rights upon their husband's estate, retirement benefits and privileges. Both the wives and their children were living with the late Virendra Prasad, being on good terms until Virendra Prasad's demise. After Virendra Prasad's death, according to the petitioner
Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.
(1) Compassionate Appointment – Descent cannot be a ground for denying employment under scheme of compassionate appointments.(2) Compassionate Appointment – Appellant cannot be denied consideration u....
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
Compassionate appointment -Under no circumstances, the second wife nor her children are eligible for compassionate grounds appointment, if the marriage has taken place during the subsistence of the f....
Exclusion of married daughters from compassionate appointment violates Articles 14 and 15 of the Constitution, affirming that marriage does not sever familial ties for employment eligibility.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
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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