"Policy Which Deprives Married Daughters From Compassionate Appointment Violates Equality":Madhya Pradesh HC [DB] Upholds Single Bench Order

A Division Bench of Justices Sheel Nagu and Anand Pathak rejected State's appeal against a Single Bench order that allowed the Petitioner's challenge to rejection of her claim for compassionate appointment solely on the ground of her marital status.

The Petitioner (Respondent herein) happened to be a married daughter of the deceased Government servant, who died in harness on the post of ASI (M).

The Single Bench relied on Meenakshi Dubey v. MP Poorva Kschetra Vidyut Vitran Co. Ltd to allow her request for compassionate appointment.

In the said case, a Full Bench at Indore had held that the policy of the Government prohibiting consideration of married daughter from compassionate appointment is violative of Article 14 of the Constitution.

The Bench comprised of Justices Sujoy Paul, JP Gupta and Nandita Dubey had observed that such a policy which deprives married woman from right of consideration for compassionate appointment violates equality.

In the said case, the Full Bench referred to various international law principles and treaties that deter gender discrimination. It also referred to the view opted by the Supreme Court in Secretary, Ministry of Defence v. Babita Puniya & Ors.:

"The policy decision of the Union Government is a recognition of the right of women officers to equality of opportunity. One facet of that right is the principle of nondiscrimination on the ground of sex which is embodied in Article 15(1) of the Constitution. The second facet of the right is equality of opportunity for all citizens in matters of public employment under Article 16(1)."

In the instant case, the Division Bench observed that the Meenakshi Dubey case (supra) has not been assailed by the State in any higher forum. Thus, the Court refused to interfere with the Single Bench order.

Case Title: State of MP & Ors. v. Jyoti Sharma

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