RANJNA KUMARI, HAMIRPUR DISTRICT Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner lost her father, who was working as Subedar in the Indian Army on 1.7.2003. She lost her brother in the year 2007, Petitioner's mother made a representation for the engagement of the petitioner on compassionate basis. Petitioner was offered appointment letter on 20.8.2010 as Sales Woman at Trishul Canteen Barsar. She discharged her duties up to 31.3.2012 on the basis of agreement entered into between the parties. However, fact of the matter is that petitioner has not been offered appointment after 31-3-2012 only on the ground that she has married on 7.7.2011 and her mother is no more dependent on her. Petitioner has also given instances of one Sh. B.D. Sharma and Sh. Rajesh, who have continued in the same and similar circumstances. Mr. Y.P.S. Dhaulta has vehemently argued that the post of Sales Man is required to be filled up by Ex-servicemen and since the petitioner has married, her appointment could not be continued.

(2.) According to para 33 of Annexure-R-1, widows and dependents of defence personnel can also be considered for employment on compassionate grounds, if otherwise qualified. Thus, the mode of recruitment is not restricted to ex-servicemen only. Petitioner is married, but she is still living with her mother as per Annexure-P-6 issued by the Pradhan of the Gram Panchayat. There is no presumption that the married daughter cannot take care of her parents. In the instant case, petitioner's mother is widow and though she is getting pension, still the income of the family has augmented when the petitioner was appointed as Sales Woman at Trishul Canteen Barsar.

(3.) The Court is of the considered view that the appointment of the petitioner could not be discontinued only on the ground that the petitioner has married. Such action is discriminatory on the ground of sex as envisaged under Article 15 of the Constitution of India. In a similar situation, their Lordships of Hon'ble Supreme Court in Savita Samvedi (Ms) and another v. Union of India and others, 1996 2 SCC 380 have held as under (paras 5 to 10):--