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2020 Supreme(MP) 252

SUJOY PAUL, J.P.GUPTA, NANDITA DUBEY
Meenakshi Dubey – Appellant
Versus
M. P. Poorva Kshetra Vidyut Vitran Co. Ltd. And Others – Respondent


Advocates Appeared:
Shri Anubhav Jain, Smt. Sudha Gautam, Shri Anand Sharma and Smt. Sonali Viswas, Learned Counsel, for the Appellant; Shri Shashank Shekhar, learned Advocate General. Shri Ankit Agrawal, Learned Counsel, for the Respondent/Company

JUDGMENT

Sujoy Paul, J. - This Larger Bench is called upon to decide the following issue:

    'Whether in the matter of compassionate appointment covered by Policy framed by the State Government wherein, certain class of dependent which includes unmarried daughter a widowed daughter and a divorced daughter and in case of a deceased Govt. servant who only has daughter, such married daughter who was wholly dependent on Govt. servant subject to she giving her undertaking of bearing responsibility of other dependents of the deceased Govt. servant, Clause 2.2 and 2.4 can be said to be violative of Article 14, 15, 25 and 51A (e) of the Constitution.'

    2 . It is profitable to note the background of the reference. W.P. No.9631/2017 ( Meenakshi Dubey vs. Madhya Pradesh Poorv Kshetra Vidyut Vitran Company Limited and others ) was filed by the appellant/petitioner, the married daughter of deceased employee claiming compassionate appointment. The writ court by order dated 08.01.2019 dismissed the petition by holding that married woman does not deserve consideration for compassionate appointment as per the policy of the Company. Aggrieved, she filed WA No.756/2019 which was decided on 08.01.2020 Pert

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