Compassionate Appointment -- Exclusion of Married Daughters -- Policy restricting eligibility to divorced or deserted daughters unconstitutional
(i) Constitution of India, 1950, Art.14 -- Compassionate Appointment -- Exclusion of Married Daughters -- A policy for compassionate appointment cannot restrict eligibility to divorced or deserted daughters while excluding other married daughters. Classification differentiating a daughter from a son is per se unconstitutional, and no presumption exists in law that a daughter severs ties with her parental family after marriage and resides only in her matrimonial home. Such classification violates the guarantee of equality under Article 14. (ii) Constitution of India, 1950, Art.14 -- Compassionate Appointment -- Hyper-Technical Approach by Authorities -- Authorities considering a claim for compassionate appointment cannot adopt a hyper-technical approach to deny consideration of the claim. Formal non-recognition of a factual circumstance, such as an undeclared divorce, cannot by itself defeat an otherwise genuine claim where the dependency and family support are established.
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