DURGAPUR PROJECT LTD. Vs. KUMARI PURNIMA BHUI

JUDGEMENT

(1.) Heard finally with the consent of the learned Counsel for the parties. The question arises in the intra Court appeal whether married daughter can complain of violation of the provisions of Articles 14 and 15 of the Constitution of India in the matter of compassionate appointment. Challenging the policy providing compassionate appointment to be offered to unmarried daughter depending on the earnings of the deceased employee but not a married daughter.

(2.) The petitioner Purnima filed an application seeking compassionate appointment. Her father was an employee of Durgapur Project Ltd. He died in harness on 10th June, 1998. She applied for compassionate appointment on 14th January, 2004. Thereafter, she filed a writ petition in this Court being W.P. No. 4511 (W) of 2005 and the same was disposed of vide order dated 28.4.2010 directing the employer to consider the application as per rules and practice for appointment on compassionate ground. The case of the applicant was considered and she was found otherwise suitable for offering compassionate appointment, however, with the rider that her marital status should be checked as the policy provided compassionate appointment to be offered only to dependent "unmarried daughter".

(3.) Considering the fact that the petitioner was married, after hearing her it was communicated on 17th September, 2010 to her that she could not be appointed in terms of the policy.