Rules, Rights & Rites -150
I usually post all important items related to official rulings, union news, and other general matters on my YouTube channels: Yourskayveeyes (English) and Anbudan Kayveeyes (Tamil).
However, due to the recent spate of orders and the high volume of information being received, I have not been able to convert every item into a video. Therefore, I am introducing these new slots to post current matters and updates that have not yet been published on YouTube. This ensures you stay informed on every detail, even if a video hasn't been made yet …………….Kayveeyes
A married daughter is fully eligible to be considered for compassionate appointment, and any policy or rule that excludes a daughter solely on the ground of her marital status is unconstitutional.
• The Court declared provisions (such as Note 2 to Rule 5 of the West Bengal Scheme) that exclude married daughters from the definition of "dependent" as unconstitutional, discriminatory, and a violation of Articles 14 and 15 of the Constitution of India.
• The judgment emphasized that restricting compassionate appointment only to unmarried daughters while placing no such marital restriction on sons is clear gender discrimination. A daughter's familial relationship and obligation to support her parents do not terminate upon marriage.
• The Court ruled that the key criteria for compassionate appointment must be actual financial dependency on the deceased employee at the time of death, rather than a rigid classification based on gender or marital status.
• While a married daughter is eligible, she must still satisfy the dependency criteria. If she or her husband is independently gainfully employed and financially stable, the family cannot claim to be in an immediate financial crisis, which is the foundational purpose of compassionate appointments.
• To prevent administrative chaos and protect past appointments, the Court applied the doctrine of "prospective overruling". This means the ruling will not reopen or invalidate appointments or rejections that were already finalized prior to this judgment.
• The beneficial interpretation established in this judgment applies to all claims that are currently pending, active, or undergoing litigation before various authorities and courts.
• The Supreme Court dismissed the State's appeals and directed the authorities to consider the cases of the respondent daughters on their individual merits regarding financial dependency, without disqualifying them for being married.
(Supreme Court of India Civil Appeal No. 9029 of 2024 (Arising out of SLP (C) No. 20240 of 2019) with connected appeals The State of West Bengal & Ors. v. Purnima Das & Ors. (and connected matters) Dated September 30, 2024
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