AI Overview...
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Compassionate Appointment - Married Daughter
Main points: Several court cases clarify that a married daughter is generally eligible to seek compassionate appointment, as marriage alone does not disqualify her under relevant policies or rules (02000013712, 02500114541, 02100116373). The Punjab State Policy and the Rules of 1974 do not explicitly bar married daughters from applying for such benefits.
Insights: Courts have emphasized that disqualifying married daughters solely based on marriage is arbitrary and unconstitutional under Articles 14 and 16 of the Constitution of India (04200000709).
References: Julie Kumari Mehta VS Ranchi University, Ranchi - Jharkhand, Kavita Tiwari VS State Of U. P Thru. Prin. Secy. Deptt. Of Irrigation And Water Resources Govt. Of U. P. Lko - Allahabad, Suganya VS Inspector General of Registration - Madras, Sarojni Bhoi VS State of Chhattisgarh - Current Civil Cases -
Court Decisions and Dismissals
Main points: Many writ petitions seeking compassionate appointment for married daughters have been dismissed, primarily on grounds that the daughter is not considered dependent or that policies exclude married daughters (00800043727, 01700042215, 02000026964, 02300066386). In some cases, courts have directed reconsideration or upheld the policy's validity.
Insights: The courts often rely on the interpretation of dependency and policy provisions, with some judgments recognizing that marriage does not automatically disqualify a daughter but dependability and policy criteria are crucial.
References: Rinku Devi VS Union of India - Patna, Preeti Sharda VS State of Rajasthan - Rajasthan, Babita Devi VS State Of Jharkhand - Jharkhand, Gurpreet Kaur VS State of Punjab - Punjab and Haryana -
Constitutional and Policy Considerations
Main points: The Supreme Court and High Courts have declared that denying compassionate appointment to married daughters solely on the basis of marriage is arbitrary and violates constitutional rights (04200000709). Policies that explicitly disqualify married daughters are considered void and inoperative.
Insights: There is a judicial tendency to favor broader interpretation, allowing married daughters to seek compassionate appointment, emphasizing constitutional protections against discrimination.
References: Sarojni Bhoi VS State of Chhattisgarh - Current Civil Cases
Analysis and Conclusion:
While individual court cases have varied in their outcomes—some dismissing petitions based on dependency or policy grounds—legal principles and constitutional protections generally support the eligibility of married daughters for compassionate appointment. Policies that exclude married daughters solely because of marriage are increasingly viewed as arbitrary and unconstitutional. Therefore, married daughters seeking compassionate appointment should ideally be considered eligible, especially where policies are challenged or reinterpreted by courts.
Search Results for "Seeking Compassionate Appointment Married Daughter"
2011 0 Supreme(Jhk) 690 • India - Jharkhand
N.N.TIWARI
Compassionate Appointment - Married Daughter - The court dismissed the writ petition seeking compassionate appointment for a married ... Final Decision: The writ petition seeking compassionate appointment for the married daughter was dismissed by the court. ... daughter on the grounds that the policy for providing compassionate#HL_EN....
2024 0 Supreme(All) 530 • India - Allahabad
ABDUL MOIN
daughter seeking compassionate appointment. ... It highlighted that the Rules do not disqualify a married daughter from seeking compassionate appointment solely based on her marital ... It emphasized that the provisions of the Rules, 1974 do not disqualify a married daughter from seeking compassionate appointment ... compassionate#HL_....
2016 0 Supreme(Pat) 1352 • India - Patna
HEMANT GUPTA, AHSANUDDIN AMANULLAH
Service Law–Compassionate appointment–petitioner, who is the married daughter, seeking compassionate appointment after death of her ... mother–the father died earlier–petitioner being a married daughter, cannot be said to be dependent upon her mother–no error, in ... She died on 15th of July, 2010 and after her death, the petitioner, her daughter, sought appointment on compassionate#HL_E....
2015 0 Supreme(Raj) 1924 • India - Rajasthan
GOPAL KRISHAN VYAS
Final Decision: The writ petition seeking appointment on compassionate ground for the married daughter of the deceased employee ... Compassionate Appointment - Married Daughter - The court dismissed the writ petition for providing appointment on compassionate ... Fact of the Case: The petitioner, a married daughter of a deceased employee, filed a writ petitio....
2018 0 Supreme(Jhk) 1966 • India - Jharkhand
PRAMATH PATNAIK
Compassionate Appointment - Married Daughter - The court dismissed the writ petition seeking direction for compassionate appointment ... Fact of the Case: The deceased employee's wife and married daughter sought compassionate appointment for the daughter ... Issues: The main issue was whether the married daughter of the deceased employee was....
2018 0 Supreme(P&H) 1785 • India - Punjab and Haryana
KRISHNA MURARI, ARUN PALLI
Compassionate Appointment - Denial of Appointment to Married Daughter - Punjab State Policy - [FACT OF THE CASE] The appellant-petitioner ... [ISSUES] The eligibility of a married daughter for compassionate appointment and the timing of eligibility. ... sought compassionate appointment after her father's death, but her claim was rejected on the ground of being a married #HL_START....
• India - Current Civil Cases
SANJAY K.AGRAWAL
daughter from seeking compassionate appointment merely on the ground of marriage is plainly arbitrary and violative of constitutional ... married daughter for consideration from compassionate appointment are hereby declared void and inoperative and consequently the ... Constitution of India — Article 14 and 16 — Appointment on compassionate ground — State policy denying such appointment to #HL_STA....
2021 0 Supreme(MP) 445 • India - Madhya Pradesh
SHEEL NAGU, ANAND PATHAK
Civil Servent -- compassionate appointment -- respondent married daughter of deceased Government servant ... who died in harness -- seeking compassionate appointment -- writ Court allowed her writ petition and directed for reconsideration ... daughter from right of consideration for compassionate appointment -- appellants directed to carry out directions of writ Court ... As per the policy of compassionat....
2011 0 Supreme(Cal) 184 • India - Calcutta
AMIT TALUKDAR, PRABHAT KUMAR DEY
from seeking compassionate appointment. ... appointment from 'unmarried daughter' to simply 'daughter', did not disentitle the appellant from seeking compassionate appointment ... appointment from 'unmarried daughter' to simply 'daughter', did not disentitle the appellant from seeking compassionate appointment ... In view of t....
2015 0 Supreme(Mad) 1572 • India - Madras
K.RAVICHANDRABAABU
Compassionate Appointment - Married Daughter - The court held that the marriage of the daughter does not disqualify her from seeking ... her from seeking compassionate appointment. ... Finding of the Court: The court found that the marriage of the daughter does not disqualify her from seeking compassionate ... Consequently, the petitioner has made an application seeki....
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