Rules, Rights & Rites -52
Compassionate appointment to Married daughter - Gist of the judgment in the case of Smt. Rinky Sharma vs. North Western Railway dated 21 August 2024:
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Compassionate appointment to Married daughter - Gist of the judgment in the case of Smt. Rinky Sharma vs. North Western Railway dated 21 August 2024:
• The applicant, Smt. Rinky Sharma, sought compassionate appointment in Indian Railways as the sole surviving dependent of her deceased father, a railway employee.
• The application was initially rejected by the railway authorities on the ground that she did not meet eligibility requirements since she was a married daughter.
• The applicant contended that despite being married, she was dependent on her deceased father for livelihood and care, supported by relevant Railway Board circulars and legal precedents.
• The respondents maintained that a married daughter is not considered a dependent unless she supports other dependent family members as a breadwinner.
• The Tribunal noted that:
• The applicant was the only surviving family member after the death of her father and mother.
• Compassionate appointment is for relieving financially indigent family members dependent on the deceased government servant.
• It was emphasized that the criterion for compassionate appointment is dependency and financial need, not marital status or gender.
• The judgment referred to various legal precedents including the Supreme Court and High Court judgments, which ruled exclusion of married daughters from compassionate appointment as unconstitutional.
• Married daughters, if wholly dependent on the deceased government servant at the time of death, are eligible for compassionate appointment, regardless of marital status.
• The respondent's interpretation that compassionate appointment is denied unless there are other dependents to be maintained was found irrational and discriminatory.
• The tribunal quashed earlier orders rejecting the applicant's claim and directed the respondent to reconsider her case based on extant policies and merits.
• The respondents were directed to take a final decision on compassionate appointment within three months and communicate the reasons to the applicant within two weeks thereafter.
• The original application was allowed, and no order as to costs was made.
CENTRAL ADMINISTRATIVE TRIBUNAL JAIPUR BENCH, JAIPUR ORIGINAL APPLICATION No. 47/2022
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