SAYARA KHATOON @ SHAYARA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been preferred against the order of the High Court of Judicature at Patna, whereby the request of the appellants for appointment of appellant No.2 on compassionate grounds, following the death of the husband of appellant No.1 and father of the appellant No.2, was rejected. The rejection was on two grounds, namely, the objection raised by the brother of appellant No.1 and the policy formulated by the Government of Bihar dtd. 10/12/2014, under which only a divorced or deserted daughter is eligible for appointment on compassionate grounds.

(3.) The learned counsel appearing for the appellants submits that the very same brother had earlier furnished a no objection certificate. Thus, the said ground for rejection no longer survives. The other ground for rejection, according to the learned counsel is that the policy dtd. 10/12/2014, which restricts compassionate appointment to a daughter only if she is divorced or deserted. It is contended that the policy is violative of Article 14 of the Constitution of India, 1950.