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ARINDAM LODH
Pampa Debnath – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. petitioner's request for compassionate appointment under die-in-harness scheme. (Para 2 , 3) |
| 2. amendment of scheme allows married daughters for government jobs. (Para 4 , 5) |
| 3. eligibility criteria for married daughters under the revised scheme. (Para 6) |
| 4. court's direction for a fresh inquiry into the petitioner's eligibility. (Para 7 , 8) |
| 5. writ petition disposed with directions. (Para 9) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. HK Bhowmik, learned counsel appearing for the petitioner. Also heard Mr. M. Debbarma, learned Additional GA appearing for the respondents-State.
2. By way of filing the instant writ petition, the petitioner has prayed for compassionate appointment under die-in-harness scheme.
3. Brief facts are that, the father of the petitioner was a government employee working as Panchayat Secretary, who died on 13.11.2014. After his death, the petitioner had submitted an application for compassionate appointment to the respondents- authority concerned in the year 2015 i.e. within a year, as per the scheme. Her application was rejected in the year 2017 for the reason that a married daughter does not come w
Married daughters are entitled to compassionate appointments under a government scheme following a constitutional amendment against discrimination, contingent on certain eligibility criteria.
The main legal point established in the judgment is that the court's jurisdiction to direct compassionate appointment is limited by the terms of the scheme, and the court cannot direct the considerat....
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....
Exclusion of married daughters from compassionate appointments violates Articles 14, 15, and 16(2) of the Constitution, establishing gender equality in public employment.
Married daughters are entitled to compassionate appointment on par with sons, as marital status does not negate their familial ties or dependency.
If the marital status of a son does not make any difference in Law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as ....
The exclusion of married daughters from the die-in-harness scheme is unconstitutional as it violates the principles of equality and non-discrimination under Articles 14 and 15 of the Constitution.
The main legal point established in the judgment is that the restriction on married daughters' eligibility for compassionate appointment, based solely on their marital status, is not constitutionally....
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