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S. A. DHARMADHIKARI
Shakila Begum (Siddiqui) – Appellant
Versus
Northern Coal Field Ltd. – Respondent
ORDER
1. This petition has been filed under Article 226 of the Constitution of India, challenging the order dated 9.7.2021 (Annexure P/1), whereby the claim of the petitioner for grant of compassionate appointment has been rejected by the respondents on the ground that there is no provision in the respondent-establishment to grant compassionate appointment to a married daughter.
2. Brief facts leading to filing of this petition are that father of the petitioner late Shri Abdul Latif Siddiqui, who was working on the post of Dumper Operator (hereinafter referred to as the 'workman'), died in the year 2008 while in service. Thereafter, elder son of the workman namely Mohammad Sajid Siddiqui was granted compassionate appointment in the year, 2009 on the post of General Majdoor. Unfortunately, Mohammad Sajid Siddiqui also died in a road accident. After the death of Mohammad Sajid Siddiqui, younger son of workman namely Shri Zakir Siddiqui was granted appointment on compassionate basis on the post of General Majdoor Category-1 vide order dated 1.11.2016. The workman has two sons and one daughter alongwith wife in his family. After the death of father and elder brother, Zakir Siddiqui was
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
Sole surviving married daughter entitled to compassionate appointment; rejection on being only survivor, parental employment, pensions, or settlement dues unsustainable without proper financial asses....
Married daughters are entitled to compassionate appointment, and discrimination based on marital status violates Articles 14 and 15 of the Constitution.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
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.
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