Marriage Cannot Disqualify Daughters from Compassionate Appointment: Orissa High Court

Marriage Cannot Disqualify Daughters from Compassionate Appointment: Orissa High Court

The Orissa High Court directed the State to grant compassionate appointment to a woman whose claim was rejected solely because she married during the pendency of her application, holding that such exclusion violates the constitutional guarantee of equality.

The case arose from a plea filed by the daughter of a deceased government employee whose request, made in 2000 and approved in principle, was later denied on the grounds of her marriage in 2006.

The Court held that the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, do not disqualify a claimant on marriage, observing that sons are not subjected to such exclusion.

It ruled that denying married daughters compassionate appointment creates an impermissible and artificial classification under Articles 14, 15 and 16.

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