Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.

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 compassionate grounds in her father's stead. The petitioner says that she is a disabled married daughter of the deceased employee and her husband is also a disabled man. Both live with her parents at their home and were entirely dependent upon the late Akhilesh Rai for sustenance.

3. The petitioner has earned her degrees of B.A., B.Ed. and P.G.D.C.A. She is eligible for suitable government employ in the respondents' establishment. She applied for compassionate appointment, invoking the provisions of the Office Memorandum of the Coal India Limited dated 13.03.1981 and says that she is entitled to be considered in terms of the policy embodied in that memorandum. She says that along with her mother, the two were entirely dependent upon the deceased employee at the time of his demise, and, after his death in harness, the petitioner is on the verge of starvation. The petitioner's mother applied before the General Manager, respondent No.4, seeking employment on compassionate grounds for her daughter, the petitioner, on 04.06.2022. The petitioner's mother said there that her son is domiciled in U.S.A., whereas the daughter and the son-in-law are disabled, both of whom stay with her. It was her case that each of these three members of the deceased's family were entirely dependent upon the deceased employee's income for their sustenance. It is on these grounds, the petitioner's mother requested for a compassionate appointment for the petitioner.

4. The petitioner's claim was rejected by the Staff Officer (Personnel), IWSS, Khadia Project, District Sonebhadra vide order dated 08.07.2022.

5. Aggrieved, this writ petition has been instituted by the petitioner.

6. Notice of motion was issued on 20.10.2022 and in course of time, parties exchanged affidavits. Two supplementary affidavits have been filed in support of the petition and a counter affidavit on behalf of respondent Nos.3, 4 and 5 by respondent No.5, the Staff Officer (Personnel), answering the affidavit as well as two supplementaries. A rejoinder has also been put in. Parties having exchanged affidavits, the petition was admitted to hearing on 19.11.2024, which pr