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IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Roopali Rai – Appellant
Versus
Union of India – Respondent
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 Sonebhadra. The Northern Coalfields Limited is a subsidiary company of Coal India Limited, a Maharatna Company, fully owned by the Government of India. Akhilesh Rai died in harness on 21.04.2022. The deceased and his family comprised a total of four souls. The deceased himself, his widow, Smt. Nirmala Rai, a son, named Pradeep Rai and a daughter, Roopali Rai, the petitioner. Roopali Rai was married apparently during the deceased's lifetime. The petitioner says that her brother is far removed from the family of the deceased and domiciled in the United States of America. He has given a no objection certificate about the petitioner being appointed on c
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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