Petitioner challenged rejection of compassionate appointment due to her status as a married daughter. Court relied on Vimla Srivastava holding such denial unconstitutional and quashed the order.
Impugned order quashed; respondent to consider applicant's case afresh within four months.
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Court No. - 6
Case :- WRIT - A No. - 7566 of 2021
Petitioner :- Neema Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kaushal Kishor Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present petition has been filed challenging the order dated 04.11.2020 whereby the request of the petitioner for grant of appointment on compassionate ground has been rejected solely on the ground that the petitioner is a married daughter of the deceased.
The contention of counsel for the petitioner is that the father of the petitioner namely Vijay Pal was posted as Van Daroga at Baberu Range Van Prabhag, Banda and died on duty on 16.7.2018. The petitioner claims that today she is entitled to be considered for appointment on compassionate ground being the daughter of Vijay Pal. The claim has been rejected by the impugned order solely on the ground that the petitioner being a married daughter is not entitled to be considered.
The counsel for the petitioner argues that the stand of the respondents is contrary to the law laid down by this Court in the case of Smt. Vimla Srivastava vs. State of U.P. and another, [2015 (1) ADJ 21 (DB)]. This court after considering the similar provisions had categorically held that denial of consideration to married daughter is
unconstitutional and violative of Articles 14 and 15 of the Constitution of India.
In the light of the said judgement, the impugned order cannot be sustained and is, accordingly, quashed. The respondent no. 3 is directed to consider the case of the petitioner afresh for grant of compassionate appointment without taking into consideration the fact that the petitioner is a married lady. The respondent no. 3 shall take a decision on the application within a period of four months from the date of filing of an application and copy of this order before the respondent no. 3. The writ petition stands allowed in terms of the said order.
Order Date :- 23.7.2021
Puspendra
2 issues framed by the court
Whether a married daughter can be considered for compassionate appointment when the father died in service.
Whether denial of consideration to a married daughter is violative of Articles 14 and 15 of the Constitution.
Colour shows how this judgement treated each authority
Smt. Vimla Srivastava vs. State of U.P. and anotherFollowed¶8
[2015 (1) ADJ 21 (DB)]
1 provisions across 1 enactments
Neema Devi
State Of U.P.
2 Others
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
