LAWS(P&H)-1993-12-155

BIRMATI Vs. STATE OF HARYANA

Decided On December 01, 1993
BIRMATI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner has sought issuance of writ of mandamus seeking direction to the respondents to appoint the petitioner at an appropriate post on compassionate ground due to the death of her father who was in the service of respondent No. 2 at the time of his death.

(2.) As per averments made in the petition, petitioner's father Baljit Singh was employed with respondent No. 2 as Centrifugal Operator who died on 12-05-1992 leaving behind Smt. Ram Kali widow and three daughters, namely, Smt. Rajesh Kumari, Smt. Krishan and Birmati - the petitioner. According to the petitioner, the other two daughters of the deceased are happily married and thus were not dependent upon Baljit Singh. The petitioner has no brother. It has been further averred that the petitioner though married has, in fact, been abandoned by her husband for the last few years and was thus dependent upon her parents for her livelihood. It is in this background that the petitioner has sought employment with the respondent for livelihood.

(3.) Pursuance to the notice of motion issued by the Court, the respondent has put in appearance and filed written statement resisting the claim of the petitioner primarily on the ground that as per norms laid down by the Mill's Management a daughter cannot be given employment on compassionate ground. It has been further averred that on the death of Baljit Singh, Smt. Ram Kali, his widow, was offered employment in the seasonal unskilled category till she attained the age of 60 years which was not accepted by her, who on the contrary persisted that instead of her, her divorced daughter Smt. Birmati be given employment commensurate with her qualification.