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IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Roopali Rai – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for compassionate appointment post father's death. (Para 1 , 2 , 3 , 4 , 5) |
| 2. eligibility of married daughters for compassionate appointment contested. (Para 8 , 9) |
| 3. court's analysis on discrimination against married daughters. (Para 10 , 14 , 15 , 16 , 17 , 18) |
| 4. judicial precedents support equality for married daughters. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. right to be considered for compassionate appointment based on dependency. (Para 28 , 29 , 30 , 31) |
| 6. writ petition allowed; impugned order quashed. (Para 32) |
| 7. mandamus issued to consider petitioner's case for compassionate appointment. (Para 33 , 34 , 35) |
JUDGMENT :
J.J. Munir, J.
1. By this writ petition, the petitioner has questioned an order of the Staff Officer (Personnel), Integrated Water Supply System (IWSS), Northern Coalfields Limited, Khadia Project, District Sonebhadra dated 08.07.2022, rejecting the petitioner's claim for compassionate appointment. There are certain ancillary directions also sought against the respondents.
2. The petitioner's father, the late Akhilesh Rai, was employed as a Subordinate Engineer with the Northern Coalfields Limited, IWSS, Khadia Project, District
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.
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
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....
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 Articles 14 and 15 of the Constitution, affirming that marriage does not sever familial ties for employment eligibility.
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.
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