MANI MACHHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) To set the tone of this judgment, we reproduce the words of Ruth Bader Ginsberg (1933-2020), Associate Justice of U.S Supreme Court in Kahn v. Shevin[416 U.S. 351]:

(2.) Petitioner, a poor daughter of a deceased-Mazdoor, is grieving before the Writ Court against Orissa Administrative Tribunal's order dtd. 8/11/2011 whereby her O.A. No.835 of 2011 has been negatived. In the said O.A., she had called in question the order dtd. 9/6/2011 by which her claim for compassionate appointment was turned down by the authorities on the ground that she has married during the pendency of her claim.

(3.) Learned counsel for the petitioner vehemently argues that the marriage as such should not disable a person from claiming compassionate appointment; the impugned order violates gender equality, inasmuch as married sons of deceased-employee can stake such claims. This aspect having not been properly considered by the Tribunal, its order is liable to be voided coupled with a direction to OPs to accord rehabilitatory appointment to the petitioner, argues the counsel.